Amit Dhanishankar Upadhyay v. The State Of Maharashtra

Dusane 1/2 aba879.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.879 OF 2015 Amit Dhanishankar Upadhyay ....

Applicant Vs.

The State of Maharashtra ....

Respondents Thru' MIDC Police Station.

& Anr.

Mr. Ahmed Abdi i/by ABDI & Co., Advocate for the applicant. Smt. Rutuja Ambekar, APP for the State.

Mr. V.M. Advani, Advocate for Respondent no.2. Coram : N.W. SAMBRE, J.

Date : 5th December, 2016 P.C.

In an economic offence being Crime No. 222 of 2015 registered with MIDC Police Station, Andheri (East), Mumbai punishable under Sections 465, 467, 468, 471, 420 and 506(II) Indian Penal Code, pre-arrest bail is prayed. This Court, vide ad-interim protection, granted on 25th June, 2015, has ordered release in the event of arrest. The applicant is seeking continuation of the said relief on the ground that the offence in question is already settled in between

Dusane 2/2 aba879.2015 the complainant and the applicant and the applicant has already filed proceeding i.e. Criminal Writ Petition No. 4203 of 2016 for quashing/compounding in view of provisions of the Section. The contentions are admitted by the complainant through his counsel before this court.

The learned APP upon instructions not disputing the above referred submissions submits that the custodial interrogation in the above referred background is not warranted. Hence, ad-interim order passed by this court is confirmed.

(N.W. SAMBRE, J.)