Bombay High Court
Siddagiri Shankarappa Murgod And Ors vs The State Of Maharashtra on 9 January, 2019
Author: Mridula Bhatkar
Bench: Mridula Bhatkar
905.WP4868_2018.doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4868 OF 2018
Siddagiri Shankarappa Murgod & Ors. ... Petitioners
vs.
The State of Maharashtra ... Respondent
Mr. Niteen Pradhan, Senior Advocate i/b. Subhada D. Khot, for
the petitioners.
Mr. A.R. Patil, APP for respondent/State.
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: 9th January, 2019 P.C. :
1. Heard the submissions of the learned senior counsel for the petitioners and the learned APP for the respondent/State.
2. The petitioners are the police officers from the State of Karnataka, who are facing prosecution under sections 218, 448, 395, 427, 468, 471 r/w. 34 of Indian Penal Code in R.C.C. No. 44 of 1996 before the Judicial Magistrate, First Class, Chandgad, District Kolhapur, who has issued non-bailable warrant so also the proclamation. Therefore, this Writ Petition is filed for cancellation of non-bailable warrants and proclamation and the proceedings of the said criminal case.
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905.WP4868_2018.doc
3. The learned senior counsel for the petitioners submitted that the petitioners undertake to appear before the learned Judicial Magistrate First Class, Chandgad and submit an application for bail and also undertakes to appear thereafter before the learned Magistrate. The learned senior counsel further submitted that in this Writ Petition, the petitioners have challenged the entire proceedings of R.C.C. No. 44 of 1996 though the charge sheet is filed and therefore the Petition is to be kept alive.
4. In view of the submissions, the petitioners are directed to appear before the Judicial Magistrate First Class, Chandgad on the next date, i.e., on 25th January, 2019 at 11 a.m. and present their respective Bail applications. The non-bailable warrants and proclamations issued by the learned Judicial Magistrate First Class, Chandgad is hereby cancelled.
5. Stand over to 13th February, 2019.
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