← Library
Bombay High CourtIA/3098/2022allowed

Saylee Sanjeev Joshi v. State Of Maharashtra

2022-09-20Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2022.09.21 14:40:35 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.3098 OF 2022 IN CRIMINAL APPLICATION NO.3155 OF 2007 Saylee Sanjeev Joshi ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Dinesh Tiwari a/w Mr. Mikhail Dey, Mr. Omkar Sonawane and Ms. Ankita Bhatia, for the Applicant.

Mr. Y. M. Nakhwa, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 20th SEPTEMBER 2022 P.C. :

Not on board. Taken on board.

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks quashing and setting aside of the order dated 30th August 2022 passed by the learned Special Judge ACB (BMU), City Civil and Sessions Court, Greater Bombay as well as continuation of the interim relief granted by this 1/3

Court vide order dated 20th March 2009, whilst granting Rule in the aforesaid Criminal Application being Criminal Application No.3155 of 2007.

3.

Learned Counsel for the applicant submits that in view of the Judgment of the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Another v/s Central Bureau of Investigation1, the interim relief granted by this Court vide order dated 20th March 2009, would have to be continued.

4.

Accordingly, we continue the interim relief granted by this Court vide order dated 20th March 2009, till the aforesaid Criminal Application being Criminal Application No.3155 of 2007, is finally disposed of, and also quash and set aside the order dated 30th August 2022 passed by the learned Special Judge ACB (BMU), City Civil and Sessions Court, Greater Bombay.

(2018) 16 SCC 299 2/3

5.

Interim Application is allowed and disposed of in above terms.

6.

All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

3/3