Rajeev Bhaita S/O Virendra Mohan Bhatia v. The State Of Maharashtra And ANR

rpa 1/3 914-aba-522-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.522 OF 2020 Rajeev Bhatia s/o. Virendra Mohan Bhatia .. Applicant Vs.

State of Maharashtra & Anr.

.. Respondents ......

Mr.Ram Mani Upadhyay, Advocate for the Applicant. Mrs.P.P. Shinde, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 04, 2020.

P.C. :

Applicant is resident of Mira Road, District Thane. He has received a notice under Section 160 of Cr.P.C., which mentions that ofence has been registered vide C.R.No.5 of 2020 with Quarsi Police Station, Aligarh, Uttar Pradesh, and the same is investigated by Crime Branch, Aligharh, Uttar Pradesh. It is also mentioned that the ofences are registered under Sections 406 and 506 of Indian Penal Code ("IPC", for short) and Section 138 of Negotiable Instruments Act.

Learned advocate for the applicant submits that the dispute arises out of agreement annexed to application. It is

rpa 2/3 914-aba-522-2020.doc submitted that the summons/notice issued by the police refers to registration of the crime. The applicant therefore apprehend arrest. It is submitted that the applicant is sufering from chronic kidney failure. He needs four weeks time to approach appropriate Court seeking appropriate reliefs.

Considering the aforesaid circumstances, protection can be granted to the applicant under Section 438 of Cr.P.C. for a temporary period to enable him to approach appropriate Court for reliefs.

Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.522 of 2020, is allowed;

(ii) In the event of arrest of Applicant in connection with C.R.No.5 of 2020, registered with Quarsi Police Station, Aligarh, Uttar Pradesh (Crime Branch Aligarh, Uttar Pradesh), he be released on bail on his executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

rpa 3/3 914-aba-522-2020.doc (iii) This interim protection is granted to the applicant for a period of four weeks to enable the applicant to approach appropriate Court seeking reliefs under Section 438 of Cr.P.C.; (iv) Applicant shall appear before the investigating oficer as and when called, till the next date of hearing;

(v) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)