Three writ petitions challenging the adjudication of show cause notices for forfeiture of a bond deposit issued under Section 122-B of Cr.P.C. were dismissed as the petitioners had liberty to reply and a statutory remedy existed before the Sessions Court.
Petitions are rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.560 OF 2008
Mohd. Ejaz Mohd. Shafi Ansari ... Petitioner
Vs.
State of Maharashtra & Ors.... Respondents
Mr. V.S. Rajguru, Advocate for the Petitioner.
Mr. A.S. Gadkari, A.P.P. for the State.
WITH
Mrs. Atharunnisa Mohd Shafi... Petitioner
Ansari
Vs.
State of Maharashtra & Ors.... Respondents
Mr. V.S. Rajguru, Advocate for the Petitioner.
Mrs. S.D. Shinde, A.P.P. for the State.
WITH
Mohd. Shafi Mohd. Nazir Ansari ... Petitioner
Vs.
State of Maharashtra & Ors.... Respondents
Mr. V.S. Rajguru, Advocate for the Petitioner.
Mr. D.S. Mhaispurkar, A.P.P. for the State.
P.C. :-
1.In all these petitions the grievances are
2
common namely the show cause notices issued for
forfeiture of the deposit amount paid for a bond
executed under Section 117 of Cr.P.C. The said
notice has been issued under Section 122-B of
Cr.P.C. on 10/8/2007.
2.Undoubtedly, the petitioners have liberty
to reply the said show cause notice and if any
adverse order is passed against them, they may
have a statutory remedy of filing a criminal
revision application before the Sessions Court.
3.Therefore, we do not find any reason to
entertain these petitions, at this stage.
4.Petitions are therefore rejected.
( B.H. MARLAPALLE, J.)
( R.Y. GANOO, J.)
1 issue framed by the court
Whether High Court ought to entertain petitions issued against show cause notices for forfeiture of deposit amount under Section 122-B of Cr.P.C.
2 provisions across 1 enactments
Mohd. Ejaz Mohd. Shafi Ansari
Mrs. Atharunnisa Mohd Shafi Ansari
Mohd. Shafi Mohd. Nazir Ansari
State of Maharashtra
B.H. Marlappalle
R.Y. Ganoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court