Rejection of an application for relaxing the condition of depositing 50% of theft charges imposed in an anticipatory bail order. The court found no error in law or fact in the impugned order.
Application for relaxation of deposit condition rejected; earlier anticipatory bail order stands affirmed.
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Nalawade
4-aba-243-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 243 OF 2018
Pushpa A.Kolekar
...Applicant.
Vs.
The State of Maharashtra
...Respondent.
Mr. Rushikesh Kale I/by Viresh Purwant for the Applicant. Mr. Ajay Patil, APP for the Respondent/State.
CORAM : A.S.GADKARI, J. DATE 20th December, 2018
PC :
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Nalawade 4-aba-243-18.doc application under Section 438 of the Cr.P.C. for pre-arrest bail in the Court of Additional Sessions Judge, Barshi, While allowing the said application by an Order dated 8.12.2017, the learned Sessions Court has imposed a condition that, the applicant shall deposit 50% of the amount of theft of electricity charges. The said condition is challenged herein. The application for relaxation of condition preferred by the applicant bearing MA NO. 406/2017 has been rejected by the Trial Court by its order dated 15.1.2018.
to be paid to the Electricity Company. Undoubtedly, the monetary loss to the electricity company is ultimately loss to the Government exchequer. The record prima facie indicates that the applicant has failed to prevent the theft of electricity and therefore, the electricity company has fixed the aforesaid liability for theft of electricity. The condition of deposit of the
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Nalawade 4-aba-243-18.doc said amount q`1imposed upon the applicant is a discretionary and
equitable relief granted by the Sessions Court in favour of the applicant.
Application is accordingly rejected.
(A.S. GADKARI, J.)
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1 issue framed by the court
Whether the condition for deposit of 50% of theft amount imposed in anticipatory bail application allows relaxation.
Pushpa A. Kolekar
The State of Maharashtra
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
