Satyaprakash Vidyadhar Dubey v. The State Of Maharashtra

4_appp_3_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL CRIMINAL MISC. APPLICATION NO.3 OF 2015 IN CRIMINAL BAIL APPLICATION NO.2043 OF 2014 Mr. Satyaprakash Vidyadhar Dubey .... First Informant/Intervener In the matter between Mr. Jitendra Jagdish Dubey ... Applicant Vs.

The State of Maharashtra .... Respondent Mr. Sunny Singh, i/b Mr. Rishi Bhuta & Mahesh Patil for the Applicant.

Mr. L.M. Shukla, for the Intervener.

Mrs. Rutuja Ambekar, APP for the Respondent­State. Mr. K.B. Patil, PSI, present.

CORAM: P.D. KODE, J.

DATED: JANUARY 07, 2015 P.C:

Having regard to the decision of the Apex Court in the case of "Sudeep Kumar Bafna vs. State of Maharashtra and Another"1 and particularly observations made in para 56, it is difficult to entertain the prayer for intervention taken in anticipatory bail. It appears accordingly as bail and anticipatory bail though nomenclature is different both germane from the same species. Having regard to it as per the above referred decision, the complainant/intervener is not entitled to intervene

1. AIR 2014 SC 1745.

Megha 1 of 2

4_appp_3_2015.doc in the anticipatory bail proceedings. He will not have any right to interfere in the proceedings for pre­arrest bail. However, the intervener is at liberty to exercise the rights within four corners of Section 301 of the Code of Criminal Procedure.

2.

The Criminal Application No.3 of 2015 stands disposed of. (P.D. KODE, J.) Megha 2 of 2