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2002 Supreme(Bom) 1014

R.S.MOHITE
State of Maharashtra – Appellant
Versus
Ketan Sheth Kantibhai Sheth & another – Respondent


JUDGMENT - MOHITE R.S., J.:---Rule. By consent rule is made returnable forthwith. Heard the parties.

2. This is an application filed by the State of Maharashtra through the Dy. Superintendent of Police C.I.D. (Crime), Nagpur seeking to quash an order dated 22nd August, 2002 passed below Exhibit 12 and Exhibit 16, granting bail in default to the non-applicants. The present application is filed by the State under section 482 of the Criminal Procedure Code, 1973.

3. The non-applicant No. 1 came to be arrested in connection with Crime No. 101/02 registered by Police Station, Ganeshpeth, Nagpur on 13-6-2002. The non-applicant No. 2 was arrested in the same crime on 14-6-2002. Crime No. 101/2002 has been registered by Police Station, Ganeshpeth on 29-4-2002 for the offence punishable under sections 406, 409, 468 read with section 34 of the Indian Penal Code.

4. On 19-8-2002 the non-applicant No. 1 moved a bail application under section 437 r/w section 167(2) of the Cri.P.C. on the ground that the police had not filed a police report within the prescribed period of 60 days. Similar application came to be moved on behalf of the non-applicant No. 2 on 21-8-2002.

5. By the common impugned or
























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