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Bombay High CourtABA/1598/2015others disposed off

Rocky Khanna S/O Late Sh. S. A. Wahab v. The State Of Maharashtra

2015-10-26Hon'Ble Justice Revati Mohite Dere3 pages

ABA 1598­15.doc Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1598 OF 2015 Rocky Khanna .Applicant v/s.

The State of Maharashtra .Respondent Mr.V.Vidyarthi, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State Mr.M.D.Pol, Advocate, for the Original Complainant

CORAM

:

REVATI MOHITE DERE, J.

DATE :

26.10.2015 P.C.

.

Heard learned counsel for the applicant, learned APP for the respondent - State and the learned counsel for the original complainant.

2.

Learned counsel for the applicant states that the learned Additional Sessions Judge, Mumbai vide order dated 09.10.2015 has rejected his prayer for ad­interim anticipatory

ABA 1598-15.doc bail on the ground that no offence was registered as against the applicant.

3.

Learned APP on the instructions of the investigating officer, who is present in Court makes a statement that as of today, no offence is registered as against the present applicant. He states that the investigating officer will not arrest the applicant till 28.10.2015. The said statement is accepted. He, however, states that the applicant be directed to attend the concerned police station for inquiry. It is informed that the main application for anticipatory bail is pending before the learned Additional Sessions Judge and is due on 28.10.2015. The learned Judge is requested to decide the said application either on the said date or consider the prayer for interim relief in case an offence is registered as against the applicant, in the meantime. The applicant shall

ABA 1598­15.doc attend the concerned police station today between 05.00 p.m. and 7.00 p.m. and tomorrow between 10.00 a.m. and 12.00 noon. The said order is passed in the presence of the investigating officer, who is present in Court. 4.

The Application stands disposed of.

5.

It is made clear, that this application has not been considered on merits and the learned Judge to decide the anticipatory bail application on its own merits, uninfluenced by any observations made in the said order.

(REVATI MOHITE DERE, J.)