Jitendra Sabhajeet Singh v. The State Of Maharashtra And ANR

aba.1532.19.44.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 1532 OF 2019 Jitendra Sabhajeet Singh ...Applicant

Versus

State of Maharashtra & Anr.

...Respondents

Mr. Ghanshyam Upadhyay a/w Mr. Ratnesh Mishra and Mr. Kunal Jha I/b Law Juris for the Applicant Mr. P. P. Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

MONDAY, 15 th JULY 2019 P.C.

Heard learned counsel for the parties.

By this application, the applicant seeks transit anticipatory bail in connection with FIR No. 9 of 2019 dated 16th January 2019 registered by the Special Cell Police Station, Janakpuri, New Delhi, for the alleged offence punishable under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, for a period of six weeks. Learned counsel for the applicant had approached the Special Judge, NDPS Court, however, the learned Judge rejected the prayer of the applicant for anticipatory bail vide order dated 9th July 2019. Learned SQ Pathan 1/2

aba.1532.19.44.doc counsel for the applicant relies on para 2 of the order to seek transit anticipatory bail. Learned counsel has also tendered a copy of the FIR. He submits that in the FIR, there is no allegation made qua the applicant. Perused the papers, in particular, the notice issued to the applicant under Section 160 Cr.P.C/91 Cr.P.C to join investigation. The case in which transit anticipatory bail is sought, is under the NDPS Act. The case admittedly is registered with the Special Cell Police Station, Janakpuri, New Delhi. It is not necessary for this Court to consider the merits and the role of the applicant since the summons are to attend in a case under the NDPS Act. It is not possible to consider the application for transit anticipatory bail. The application stands rejected. It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. REVATI MOHITE DERE, J.

SQ Pathan 2/2