Antony Leo Sequeira v. The State Of Maharashtra

rpa 1/4 38 aba 363, 365 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.363 OF 2021 Antony Leo Sequeira .. Applicant

Versus

State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO.365 OF 2021 (Not on Board) Prem Antony Sequeira .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.Rizwan Merchant a/w. Mr.Ramiz Shaikh, Mr.Ram I. Ramrakhiani i/b. M/s.Mr.Nitin Vadke, Advocate for the Applicants.

Mrs.Veera Shinde, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

FEBRUARY 15, 2021.

P.C. :

In both these applications, the applicants are seeking Digitally signed by RajeP. Aher Date:

2021.02.18 17:13:27 +0530 RajeP.

Aher transit anticipatory bail for a temporary period to enable them to approach the appropriate Court for appropriate relief. Applicants are apprehending arrest in connection with complaint bearing No.1045-5P, dated 31st December, 2020, submitted to Udyog

rpa 2/4 38 aba 363, 365 2021.doc Vihar, District-Gurugram, Haryana, for the ofences punishable under Sections 420, 467, 468 and 120(B) of Indian Penal Code ("IPC", for short).

Learned advocate for the applicant pointed out the communication dated 4th January, 2021, issued to applicants. It is mentioned that the complaint has been lodged against them by Ajay Gerwal, Authorized Representative, Indiabulls Commercial Credit Limited. The notice further mentions that they shall make their appearance before the investigating oficer since the complainant has alleged cheating, forgery etc. Learned counsel also pointed out the notice indicating that the aforesaid police station is conducting inquiry in the aforesaid complaint. Hence, the applicants were directed to appear on 11th January, 2021. This noting was followed by subsequent communication. It is submitted that on account of pandemic situation, the applicants require reasonable time to approach the appropriate Court for seeking appropriate relief. There is reasonable apprehension that the applicants would be arrested in connection with the aforesaid complaint.

It is apparent that the applicants had preferred an

rpa 3/4 38 aba 363, 365 2021.doc application before the Sessions Court, which has been rejected by order dated 27th January, 2021. Other accused preferred such application before the Sessions Court, which has been allowed by order dated 30th January, 2021, by transit anticipatory bail for a period of six weeks.

Considering the aforesaid circumstances, the relief, as prayed for in this application, can be granted. Hence, I pass the following order.

:: O R D E R ::

(i) Anticipatory Bail Application Nos.363 and 365 of 2021, are allowed;

(ii) In the event of arrest of the applicants in connection with complaint bearing No.1045-5P dated 31st December, 2020 submitted to Udyog Vihar, District-Gurugram, Haryana, for the ofences punishable under Sections 420, 467, 468 and 120(B) of IPC, the applicants be released on bail on executing P.R. Bond in the sum of

rpa 4/4 38 aba 363, 365 2021.doc Rs.20,000/-, each, with one or more sureties in the like amount;

(ii) This interim protection is granted for a period of six weeks to enable the applicants to approach the appropriate Court for seeking appropriate directions;

(iii) Anticipatory Bail Application Nos.363 and 365 of 2021, stand disposed of accordingly.

(PRAKASH D. NAIK, J.)