Gulshan Suresh Pardeshi v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 654 OF 2024 Gulshan Suresh Pardeshi .... Applicant

Versus

The State of Maharashtra .... Respondent ______ YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date:

2024.03.08 14:13:45 +0530 Mr. Sanjay Bhojwani, for the applicant.

Mr. Avinash A. Naik, APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE : 7th MARCH, 2024 P.C. :

1.

Heard Mr. Bhojwani, learned counsel for the applicant and Mr. Naik, learned APP for the State.

2.

This Application is preferred only for a limited relief. The Applicant is apprehending his arrest in C.R. No.34 of 2024 registered at Bundgarden Police Station, Pune for commission of the offence punishable under sections 509, 354, 504 and 506 of the Indian Penal Code.

3.

The F.I.R. is lodged by the Applicant's brother's wife about the incident dated 24/01/2024 which took place at about 1.30 p.m. at Sasoon Hospital. There are allegations that the

Applicant had abused the informant and had outraged her modesty. Considering the limited relief sought in this Application, it is not necessary to make any observations on the merits of the matter.

4.

The grievance of the Applicant is that the Applicant's Anticipatory Bail Application i.e. Criminal Bail Application No. 1189 of 2024 is pending before the Court of District Judge-2 and Additional Sessions Judge, Pune. The said Application came up for hearing on 29/02/2024 before that Court. However, the presiding Officer was on leave and therefore, the matter was directed to be listed on 01/03/2024. On 01/03/2024, also the presiding Officer was on leave and the matter was placed before the learned Judge, who was in charge of those matters. The Applicant had filed Exhibit- 4, in the main Application for interim relief, till the decision of the main Application. The learned Judge issued notice to the Investigating Officer in Exhibit 4 of the said Application and the next date was given as 11/03/2024.

5.

Learned counsel for the Applicant therefore submitted that, though he has filed Anticipatory Bail Application on

28/02/2024, he is without any protection and the next date given is 11/03/2024. His interim Application is not decided. It is neither allowed nor rejected. Therefore, in the interest of justice, some protection needs to be granted to him. Considering these submissions, the Applicant can be granted limited protection. Hence the following order.

ORDER

i) In the event of his arrest in connection with C.R. No. 34 of 2024, registered at Bundgarden Police Station, Pune, till his Criminal Bail Application No. 1189 of 2024 is decided in the Sessions Court at Pune, the applicant be released on bail on his executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

ii) It is made clear that the learned Judge shall decide the said Application on its own merits, in accordance with law without being influenced by this order.

iii) The Application is disposed of.

(SARANG V. KOTWAL, J.)