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Bombay High CourtIA/432/2022disposed off

Sameer Jai Hiremath v. State Of Maharashtra And ANR

2022-02-08Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice S. M. Modak3 pages

Osk 501-IA-432-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 432 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 162 OF 2022 Sameer Jai Hiremath ... Applicant

Versus

State of Maharashtra & Ors.

... Respondents ****** Mr.Amit Desai, Senior Advocate a/w. Mr.Akshay Patil, Mr.Kalpesh Joshi, Mr.Mitesh Jain i/b. Kalpesh Joshi Associates for Applicant. Mr.P.H. Gaikwad, A.P.P. for Respondent-State. ****** CORAM : R. D. DHANUKA & S. M. MODAK, JJ.

DATE : 8th FEBRUARY 2022.

(Through Video Conference) P.C. :- 1.

Papers are allowed to be produced on production board in view of the urgency.

2.

By an Order dated 21st January 2022 passed by this Court in Anticipatory Bail Application No. 162 of 2022, this Court had granted adinterim transit bail to the Applicant upto 1st February 2022 in connection with the offence arising out of FIR No. 11210002220107/2022 dated 6th January 2022 registered with Sachin GIDC Police Station, Surat City, as described in 1/3

Osk 501-IA-432-2022.odt prayer Clause (b) of the Petition on furnishing personal bond and surety bond of Rs.50,000/-.

3.

The Applicant moved the Anticipatory Bail Application before the Bench of Their Lordships S.S. Shinde and N.R. Borkar, J.J. on 4th February 2022 for seeking extension of time to approach the jurisdictional Court. This Court observed that, any further extension of time to the Applicant to approach the jurisdictional Court would amount to the review of the Order dated 21st January 2022 and granted liberty to the Applicant to take appropriate steps. The Applicant thus filed this Interim Application inter-alia praying for extension of ad-interim transit bail granted to the Applicant upto 1st February 2022 for a further period of two weeks from 2nd February 2022. 4.

Mr.Desai, learned Senior Counsel for the Applicant states that the Applicant has been tested Covid-19 positive and is required to be quarantined till 9th February 2022 and thus is unable to personally file appropriate proceedings before the jurisdictional Court.

5.

Learned A.P.P. opposes the application on the ground that no case is made out for extension of ad-interim transit anticipatory bail. 6.

We accept the statement made by the learned Senior Counsel for the Applicant and also the statements made in the Interim Application seeking extension of time.

2/3

Osk 501-IA-432-2022.odt 7.

The ad-interim transit bail granted by this Court by Order dated 21st January 2022 is extended till 21st February 2022. It is made clear that, no further extension of time would be granted.

8.

Interim Application is disposed off in aforesaid terms. 9.

Parties to act on an authenticated copy of this Order. [S. M. MODAK, J.] [R. D. DHANUKA, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.02.09 12:08:42 +0530 OMKAR SHIVAHAR KUMBHAKARN 3/3