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Bombay High CourtABA/2874/2022disposed off

Arun Jagannath Shinde v. The State Of Maharashtra

2022-10-19Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2874 OF 2022 Arun Jagannath Shinde ...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH INTERIM APPLICATION (ST.) NO. 18265 OF 2022 (NOT ON BOARD) Sanjay Kisan Nikam ...Applicant

IN THE MATTER BETWEEN

Arun Jaganath Shinde ...Applicant

Versus

State of Maharashtra

...Respondent

WITH CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2875 OF 2022 Satyajit Jitendra Nimbalkar And Anr.

...Applicants

Versus

The State Of Maharashtra

...Respondent

....

Mr. Ashok Mundargi a/w Mr. Satyam H. Nimbalkar a/w Shivam H. Nimbalkar a/w Mr. Abhishek Arote, Advocate for the A.B.A. No.2874 of 2022 & A.B.A. No.2875 of 2022.

Mr. Satyavrat Joshi, Advocate for the Applicant in I.A. Mr. N.B. Patil, APP for the Respondent - State. Mr. Mayur Vairagkar, API, EOW, Pune City Police Station.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

19th OCTOBER, 2022.

PER COURT :

1.

The applicants had approached this Court in view of order dated 10th October, 2022 passed by the Sessions Court, Pune refusing interim relief.

2.

The applications were due for hearing on 17th October, 2022 and presently the applications are adjourned to 1st November, 2022. 3.

Learned Advocate Mr. Nimbalkar submits that, Advocate had represented applicant before the Court of Sessions and the applications are adjourned 1st November, 2022. The applications were not adjourned at the request of applicants. 4.

Learned APP and learned Advocate Mr. Joshi appearing for complainant submits that the offence is of serious nature and therefore, the learned Sessions Judge rightly rejected the prayer for interim relief. The applications are pending before the lower Court without interim protection. Learned Sessions Judge is requested to proceed with the hearing of applications on the next date of hearing i.e. on 1st November, 2022 and in the event the learned Sessions Judge has difficulty on deciding the applications on 1st November, 2022 the same may be decided within one week from 1st November, 2022.

5.

Both the sides shall co-operate with the Court in disposal of the applications. The interim relief granted by this Court not to arrest the applicants in respect to concern FIR shall continue till final disposal of the applications before the Sessions Court. It is clarified that this Court has not expressed any view on merits of

case since the applications are pending before Sessions Court. The learned Judge shall decide applications on merits without being influenced by interim relief granted by this Court. 5.

Intervention is allowed and Interim Application Stands disposed off (PRAKASH D. NAIK, J.)