Savitribai Ghanashyam Gupta v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.364 OF 2020 Savitribai Ghanashyam Gupta .. Applicant

Versus

The State of Maharashtra .. Respondent ...

None for the applicant.

Mr.Ajay Patil, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 30th OCTOBER 2021 P.C:- None for the applicant.

Learned APP has invited my attention to the order dated 11th February 2020, under which the applicant was admitted to protection from arrest in C.R.No. I-19 of 2020 invoking Sections 420, 448, 452, 504, 506 read with Section 34 along with Section 452 of the IPC registered with Vakola police station.

On perusal of the order, it is apparent that the learned Judge was persuaded to admit the applicant to the protection on Tilak

2/2 8 ABA 364-20.doc account of the fact that a Civil Suit was also instituted by the complainant against the applicant and pending the application for temporary injunction seeking order of restraining from dispossessing him from the suit property, the FIR was filed and since the applicant was apprehending arrest in the said C.R, application was made.

The order passed on 11th February 2020 remains in force till date and today in absence of the counsel for the applicant, the learned APP has no specific instructions from the Investigating Officer that they are desirous of obtaining the custody of the applicant. Since the applicant was enjoying the protection from 2020 and it is not the case of the prosecution that he has not rendered his co-operation in the investigation, I deem it appropriate to make the order dated 11th February 2020, absolute, subject to the same stipulation, which have been set out in the order.

Application is disposed of.

SMT. BHARATI DANGRE, J Tilak