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2022 Supreme(Bom) 1018

VIBHA KANKANWADI
Abhishek s/o Ashok Malve – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. J. Patil
For the Respondent: Mr. S. P. Sonpawale, Mr. V. R. Dhorde

JUDGEMENT :

1. Rule. Rule made returnable forthwith. By consent, heard finally.

2. By invoking the Constitutional powers of this court under Article 227 of the Constitution of India and the inherent powers under Section 482 of the Code of Criminal Procedure, the petitioner challenges order dated 15-11-2021 passed by learned Additional Sessions Judge, Shrirampur, District Ahmednagar, in Misc.Cri.Appln. No.04 of 2021 thereby rejecting the application filed by the present petitioner under Section 440 of Cr.P.C. for relaxation of condition imposed in criminal bail application under Section 438 of Cr.P.C.

3. The present petitioner and others are involved in Crime No.347 of 2019 registered with Shrirampur City Police Station for the offence punishable under Section 406, 420, 465, 468 of Indian Penal Code. The petitioner/applicant had filed Bail Application No.251 of 2020 before learned Additional Sessions Judge, Shrirampur, District Ahmednagar, for anticipatory bail. That application came to be allowed on 13-01-2021 and condition No.2 was imposed thus :-

    “2. The applicant shall deposit 50 % amount out of Rs.3,02,258/- with the A.D.C.C. Bank, Branch Shrirampur under protest within 15 date fro

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