Ashfaque Khopekar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.97 OF 2021 IN ANTICIPATORY BAIL APPLICATION (STAMP) NO.8243 OF 2020 Ashfaque Khopekar Applicant versus The State of Maharashtra Respondent AND INTERIM APPLICATION NO.98 OF 2021 IN ANTICIPATORY BAIL APPLICATION (STAMP) NO.8212 OF 2020 Dr.Abdul Rehman Vanoo Applicant versus The State of Maharashtra Respondent Mr.Pravin Naik with Rutuj Warick and Uttam Sahu for applicant. Mr.A.R.Kapadnis, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 13th January 2021 PC :

1.

The applicants in both these cases were granted transit anticipatory bail for a temporary period vide order dated 30th December 2020 to approach concerned jurisdictional Court for anticipatory bail.

2.

These applications have been filed for extension of order dated 30th December 2020 passed by this Court. It is submitted that the applicants had approached Allahabad High Court by filing a petition for quashing the proceedings and also for interim reliefs. The

2 of 2 43.IA.97.2021.doc applicants could not approach the Court having jurisdiction earlier on account of several difficulties. The petition which is filed before Allahabad High Court would take some time to come up for hearing. Hence, it is submitted that the relief granted by this Court may be extended by a period of two weeks.

3.

Learned APP strongly opposed this application. He submitted that once the applicants had resorted to the remedy before competent Court having jurisdiction, this Court should not entertain this application.

4.

There is substance in the argument of learned APP. The applicants have already approached competent Court. Temporary period for which relief was granted to the applicant has expired. In the circumstances, no case for grant of relief is made out. Hence both the applications are rejected.

5.

this Court. All concerned will act on production by fax or e-mail of a (PRAKASH D. NAIK, J.) MST