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Bombay High CourtWP/6024/2024disposed off

Pushpendra Chaplot v. State Of Maharashtra

2025-07-22Hon'Ble Shri Justice S. M. Modak2 pages

14. WP 6024-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANAND SUDHAKAR SUDAME WRIT PETITION NO. 6024 OF 2024 Pushpendra Chaplot .Petitioner

Versus

by ANAND SUDHAKAR SUDAME Date:

2025.07.28 19:42:01 +0530 The State of Maharashtra .Respondent Mr. Nirmal Pagaria, Advocate, for the Petitioner Ms. Gauri S. Rao, APP, for the Respondent - State Mr. Chetan Pacherwal, API, EOW Unit No. 6, Mumbai present ______________________________________________________ CORAM : S. M. MODAK, J.

DATE : 22.07.2025 P. C.

1.

Heard Mr. Pagaria, learned Advocate for the Petitioner and Ms. Rao, learned APP for the Respondent - State. 2.

I am dismissing this Petition for the two reasons :- (a) Already a Division Bench of this Court (Coram : A. S. Gadkari And Prakash D. Naik, JJ.) vide Order dated 24.01.2023 passed in W. P. No. 4254 of 2022 while dismissing the Petition had asked the Petitioner to wait till conclusion of the trial and then apply as per Section 452 of the Code of Criminal Procedure, 1973. The fact that Accused No. 2 - Piyush Jain has pleaded guilty and it is accepted and he was convicted by learned Anand

14. WP 6024-2024.doc Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai vide Judgment dated 23.03.2017 passed in Case No. 401/PW/2015. A copy of the Judgment produced by the learned APP is taken on record and marked as "X" for the purpose of identification.

(b) Even though Accused No. 2 was convicted, the trial against other Accused is still going on.

3.

The submission is made that hardly there is an amount lying in his Bank account. This cannot be the ground for setting aside freezing of account.

4.

The Petition stands dismissed. Liberty to move at an appropriate stage before the appropriate forum. (S. M. MODAK, J.) Anand