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2022 Supreme(Bom) 671

AVINASH G. GHAROTE
Devendra S/o Govind Goyal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Devendra V. Chauhan, Mr. G.S. Gour, Advocate
For the Respondent:Mr. I.J. Damle, Mr. C.S. Kaptan, Sr. Advocate assisted by Mr. R.S. Kalangiwale, Advocate

JUDGMENT :

1. Heard Mr. Chauhan, learned Counsel for the petitioner, Mr. Damle, learned Additional Public Prosecutor for the respondent no.1/State and Mr. C. S. Kaptan, learned Senior Counsel for the respondent no.2. Rule. Rule made returnable forthwith.

2. The petition challenges the order passed by the learned Sessions Judge, Nagpur dated 29/10/2021 in Miscellaneous Criminal Application No.2522/2021, whereby the bail granted by the learned Chief Judicial Magistrate, Nagpur to the petitioners on 16/07/2021 has been cancelled and the petitioners have been directed to be arrested and taken into custody in pursuance to the said order dated 29/10/2021.

3. Mr. Chauhan, learned Counsel for the petitioners submits that the petitioners are accused in R.C.C. No.1497/2021 pending before the learned Chief Judicial Magistrate, Nagpur, in which the petitioners are accused of having committed offences under Sections 406, 420, 467, 468, 471 r/w Section 34 of I.P.C. wherein by an order dated 16/07/2021, they were directed to be released on bail by the learned Chief Judicial Magistrate, Nagpur (pg.322) on the conditions mentioned therein.

3.1. It is submitted that an application under Section 439(2) o

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