ANITA ANIL KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Mirza, learned Counsel for petitioners, and Shri Sirpurkar, learned Additional Public Prosecutor for respondent.

(2.) Prayer in this petition is to quash and set aside the impugned notices dated 19/4/2016 issued in pursuance of observations of learned Additional Sessions Judge, Amravati in Miscellaneous Criminal Application No.1095/2015.

(3.) Shri Mirza, learned Counsel for petitioners, by referring to Annexure "B" to the petition has submitted that this was an application filed for grant of anticipatory bail by accused, who was involved in offences punishable under Sections 468 and 471 of Indian Penal Code and in support of the said application, petitioners, who were members of the Gram Panchayat, have filed affidavits. Learned Court below while considering the application for bail found that affidavits submitted by petitioners were false and and as such, petitioners had tried to mislead the Court by filing false affidavits. It is further submitted that in view of the observations of learned Additional Sessions Judge while rejecting the bail application, impugned notices dated 19/4/2016 came to be issued under Section 344 of the Code of Criminal Procedure. It is submitted that in compliance to notices dated 19/4/2016, petitioners appeared before learned Additional Sessions Judge on 28/4/2016. However, subsequent proceedings came to be stayed in view of order dated 4/5/2016 passed by this Court in favour of petitioners by way of ad interim relief.