Order Below Exh.1 in Cri.B.Appln.No. 393/2022 (CNR No. MHNS0100 13512022)
Prakash Rajaram Gangawane & 7 others Vs. State.
Heard: Ld. Adv. Ms. S. D. Shrimali for the applicants.
Ld. A.P.P. Ms. S. S. Sangle for the State.
I. O. present.
1.This is an application under section 438 of Code of Criminal Procedure “for seeking anticipatory bail in respect of an NBW which was issued against the applicants in a private complaint case No. 123/2021 filed in the court of Judicial Magistrate, First Class, Sinnar” under sections 376, 375, 366, 363, 362 r.w. Sec. 34 of the Indian Penal Code, 1860.
2.Ld. Adv. for the applicants has submitted that the applicants were apprehending that an offence under the above sections may get registered against them by the complainant.
Therefore, they moved a Criminal Bail Application (bearing No. 1529/2021) before this court. By an order dated 30/10/2021, this court was pleased to partly allow the said application and had directed the Sinnar Police Station to give 72 hours prior notice to arrest the applicants. Thereafter, though the offence was not registered, the complainant approached Sinnar Court and filed a private complaint under the above sections. Learned Judicial Magistrate, First Class, Sinnar has issued an NBW in the above proceedings against the applicants. Therefore, the applicants may be released on anticipatory bail.
3.Per contra, Ld. A.P.P. Ms. S. S. Sangle has opposed the application on the ground that the application itself is not maintainable. No offence has been registered against the applicants at Sinnar Police Station. Moreover, if the applicants are desirous of getting the NBW cancelled, they can make an appropriate application before the concerned court.
4.Admittedly, no offence has been registered against the applicants. As far as cancellation of NBW is concerned, the applicants can make an appropriate application before the concerned court. The present application is not maintainable. In view of the foregoing discussion, I am inclined to reject the bail application.
: O R D E R :
Application stands rejected.
Order is dictated and pronounced in open court.
Digitally signed MRIDULA by MRIDULA BHATIA BHATIA Date: 2022.03.31 12:54:25 +0530 Nashik
Mridula Bhatia 30/03/2022 District Judge2 and Additional Sessions Judge, Nashik.