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Bombay High CourtABA/1740/2017anticipatory bail granted

Inderpal Singh Sahni v. The State Of Maharashtra

2017-10-03Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 ABA.1740-2017.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO.1740 OF 2017 Inderpal Singh Sahni Vs. State of Maharashtra ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. Samir Vaidya for Applicant.

Ms. A.A. Takalkaar, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 3rd October 2017.

1) The applicant is apprehending arrest in CR No.322 of 2017 registered with Satpur Police Station, Nashik dated 19.9.2017 under Section 436 of Indian Penal Code.

2) At the outset, the learned APP raised a preliminary objection that without approaching the Trial Court at the first instance under Section 438 of Cr.P.C., the applicant has approached this Court directly. In view thereof, the learned Counsel for the applicant submitted that he will prefer an application under Section 438 of Cr.P.C. before the competent Court having jurisdiction over the Satpure Police Station, Nashik on or before 9th October 2017. The said statement is accepted.

Dond 2/2 ABA.1740-2017.sxw 3) Till 9th October 2017, the applicant is protected by interim relief. Hence the following Order:

(i) In the event of arrest of the applicant in CR No.322 of 2017 registered with Satpur Police Station, Nashik the applicant shall be released on bail on his furnishing PR bond in the sum of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

4) Interim protection granted to the applicant by this Order shall come to an end by 5.00 p.m. on 9th October 2017.

5) It is abundantly made clear that, this Court has not dealt with merits of the application and interim relief as has been granted is only with a view to afford an opportunity to the applicant to file appropriate application before the competent Court having jurisdiction over the aforestated police station and the said interim relief shall not be extended further on any count. 6) Applicant is disposed off in the aforesaid terms. (A.S. GADKARI, J.)