Muazzam Maqsood Bhaiji And ANR. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 341 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 1742 OF 2021 Muazzam Maqsood Bhaiji and Anr.

... Applicants

Versus

The State of Maharashtra and Anr.

... Respondent Mr. Rizwan Merchant a/w Faisal F. Shaikh i/b Ms. Sanjana Pardeshi, for the Applicants.

Smt. Anamika Malhotra, APP, for the State-Respondent No.1 Mr. Sandeep R. Karnik, for Respondent No.2.

CORAM : V. G. BISHT, J.

DATE : 8th February, 2022.

PC:

Heard learned Counsel for the applicants, learned APP for respondent No.1 and learned Counsel for respondent no.2-intervenor. Vide order dated 20th January, 2022 this Court rejected the Anticipatory Bail Application No. 1742 of 2021 and consequently adinterim protection operating in favour of the applicants also stood vacated. According to learned Counsel, because of prevailing COVID Rekha Patil 1/3 REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2022.02.08 17:24:48 +0530

situation, the applicants could not approach immediately and since the applicants are desirous of preferring an Appeal against the rejection of Anticipatory Bail Application, a period of eight weeks may be granted for the purpose.

The above submission is opposed by the learned APP and learned Counsel for respondent no.2-intervenor on the ground that after considering the application on merits this Court has rejected the application. They further questioned the bonafides of the applicants inasmuch as the applicants have approached after more than 15 days of rejection of the said application.

After having given the anxious consideration to the rival submissions, I find that since beginning the applicants were having ad-interim protection till their main application came to be rejected by this Court. Having regard to the prevailing COVID situation and the fact that the applicants are desirous of challenging the order before the Hon'ble Apex Court, in my view, a period of five weeks from the date of passing of the main order would be sufficient and enable the applicants to pursue the appropriate legal remedy.

Rekha Patil 2/3

For the aforesaid reasons, ad-interim protection, which was operating in favour of the applicants before rejection of their application on 20th January,2022, shall be continued till 24th February, 2022. It is made very much clear that no further extension of ad-interim protection will be granted in any circumstance. Application stands disposed of accordingly.

(V. G. BISHT, J.) Rekha Patil 3/3