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Bombay High CourtABA/345/2020allowed to be withdrawn

Jayshree P. Pilani v. The State Of Maharashtra

2021-12-18Hon'Ble Shri Justice N. J. Jamadar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 345 OF 2020 Mrs. Jayshree P. Pilani ...Applicant vs.

The State of Maharashtra (At the instance of EOW Unit-7 Mumbai in its C.R. No. 99/2019)

...Respondent

Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2021.12.22 10:47:54 +0530 SHRADDHA KAMLESH TALEKAR Mr.Vaibhav G. Bagade a/w. Mr. Abhiit N. Mantri for applicant. Mr.S.H. Yadav, APP for State.

API Ramesh D. Andher, EOW, Unit 8, Mumbai.

CORAM :

N. J. JAMADAR, J.

DATE :

18th DECEMBER, 2021 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

The learned counsel for the applicant invites the attention of the Court to the order dated 1st December 2021 passed by this Court in Interim Application No. 2793 of 2021 in Anticipatory Bail Application No.346 of 2020 (Mr.Siddarth Pramod Pilani Vs. The State of Maharashtra) preferred by the son of the applicant for restoration of Anticipatory Bail Application No.346 of 2020, which was dismissed for want of prosecution.

3.

It seems that in the said interim application, a submission was made that the applicant has settled the dispute with the frst informant. In the backdrop of the said submission, this Court 1/3

directed that in case if the applicant (Mr.Siddarth Pramod Pilani) has settled the dispute with the frst informant, which is a subject matter of crime in question, the applicant has liberty to approach the court below.

4.

The learned counsel for the applicant further informed the Court that armed with the said liberty, Mr.Siddharth Pramod Pilani fled Anticipatory Bail Application No.2612 of 2021 before the M.P.I.D. Court, Mumbai and by an order dated 8th December 2021, interim protection has been granted to Mr. Siddharth Pilani, in connection with C.R. No. 99 of 2019, in which the applicant is arraigned as a co-accused.

5.

Inviting the attention of the Court to the interim order passed by this Court, dated 12th December 2020, wherein, this Court recorded a prima-facie observation that the applicant was a dormant partner, the learned counsel for the applicant seeks leave to withdraw this application with liberty to approach the MPID Court and fle a fresh application for pre-arrest bail. The learned counsel submits that in the interregnum, the applicant be protected.

6.

In the backdrop of the developments which have occurred in the intervening period, and the fact that Mr. Siddharth Pilani, 2/3

who has been arraigned as principal accused, has been granted interim protection, and the claim of the frst informant in the subject crime is allegedly settled, it may be appropriate to allow the applicant to make the prayer for pre-arrest bail afresh before the M.P.I.D. Court.

7.

Hence, leave with liberty as prayed for is granted. 8.

The application stands disposed of as withdrawn. 9.

The protection granted by this Court by order dated 12th February 2020 shall, however, continue to operate for a period of four weeks from today.

(N. J. JAMADAR, J.) 3/3