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Bombay High CourtABA/32/2016anticipatory bail granted

Rajkumar Lalchand Shivanani v. The State Of Maharashtra

2016-01-14Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 32 OF 2016 Rajkumar Lalchand Shivnani ..Applicant v/s.

The State of Maharashtra.

..Respondents Mr. Subhash Jha a/w. Rushita Jain i/b. Law Global Advocates for the Applicant Mrs. Veera Shinde, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : JANUARY 14, 2016.

P.C.

1.

This is an application for anticipatory bail filed by the applicant apprehending his arrest in Crime No.153 od 2015 registered with Alibag Police Station for offences punishable under Section 420, 468, 476 and 120B of the Indian Penal Code.

2.

The learned counsel for the applicant submits that the applicant herein had filed application for anticipatory bail being Cri. Misc.

Application No. 1099 of 2015 before the Sessions Judge at Alibag, Raigad. The applicant had sought interim bail. The prayer for interim bail was rejected by order dated 1.1.2016. Hence the present application.

3.

The learned APP has submitted that the application for anticipatory bail is fixed for final hearing on 22.1.2016. 4.

Considering the above fact and also considering the fact that non granting interim relief would render the main application infructuous, in my considered view, the applicant needs to be protected till the anticipatory bail application before the session court is decided. Hence the applicant is granted interim bail till the disposal of the anticipatory bail application pending on the file of the learned Addl. Sessions Judge at Alibag, Raigad, on the following terms and conditions:

i) In the event of arrest of the applicant in Crime No.153 of 2015 registered with Alibag Police Station, the applicant be released on bail on furnishing bail bond of Rs.50000/- ( Rupees Fifty Thousand

Only) with one solvent surety in the like amount to the satisfaction of the learned Addl. Sessions Judge, Alibag.

.

The learned Addl. Sessions Judge, Alibag, is directed to dispose of the application on its own merits on or before 30th January, 2016. (ANUJA PRABHUDESSAI, J.)