Kashyap Yogesh Kapadia And ORS v. The State Of Maharashtra And ANR

61.apl138.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 138 OF 2019 Kashyap Yogesh Kapadia & ors.

...Applicant.

Versus

The State of Maharashtra & anr.

...Respondents.

Mr. Mallika A. Ingale, advocate for applicant. Mr. A.M. Saraogi, advocate for respondent No. 2. Smt. S.D. Shinde, APP for State.

CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 4, 2019.

P.C.:

Heard for some time. Only contention is allegations in so far as present applicants are concerned, are extremely vague. The petitioners had very brief joint stay. In any case, section 406 of Indian Penal Code is not applicable against them. Learned APP has pointed out that proceedings for anticipatory bail are still going on and they have been given ad-interim bail.

During argument effort was made to point out to us some inconsistent statement contained in other proceedings like in writ petition. Talwalkar

61.apl138.19.doc We are not inclined to examine such material at this stage. We grant liberty to the applicant to approach this Court, if charge-sheet is filed against them. With this liberty, we dispose of the application. (SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar