Devraj Gowde Gowda v. The State Of Maharashtra

1 /2 906-aba-888-17.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 888 of 2017 Devraj Gowde Gowda ..

Applicant.

Vs The State of Maharashtra ..

Respondent.

Mr. Saurabh D. Butala for the applicant.

Mr. Prashant Jadhav, APP for the State.

CORAM : C.V. BHADANG, J.

DATE : 17th May, 2017.

(VACATION JUDGE) P.C.

1) Heard the learned counsel for the applicant and the learned APP.

2) The learned Sessions Judge has rejected the application for anticipatory bail on the ground that the applicant has no apprehension of arrest. A perusal of the record shows that the Police Station Shivaji Park, Dadar has registered an offence under Sections 308, 294, 114 read with section 34 of IPC and section 3, 8 (1)(2) and (4) of Maharashtra Prohibition of Obscene Dancing Hotels,

2 /2 906-aba-888-17.doc Restaurants and Bar Rooms and Protection of Dignity of Woman (working therein) Act, 2016. Thus, it cannot be accepted that there is no apprehension of arrest. The learned Sessions Judge has not considered the application on merits. In such circumstances, the learned counsel for the applicant submits that liberty may be granted to the applicant to approach the Sessions Judge afresh for seeking anticipatory bail.

3) In the result, the application is disposed of with liberty to the applicant to approach the learned Sessions Judge afresh. If such an application is filed, the learned Sessions Judge shall decide the same on its own merits and in accordance with law.

(C.V. BHADANG,J)