Rama Himmatlal Bhati v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2951 OF 2022 Rama Himmatlal Bhati ...Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Shreyas P. Barsawade, Advocate for the Applicant. Mr. N. B. Patil, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

19th OCTOBER, 2022.

PER COURT :

1.

The only relief sought in this application is that pending his application before the Sessions Court. Interim protection may be granted for him in connection with C.R. No.749 of 2022 registered with Wakad Police Station, Pune.

2.

The applicant had preferred an application for pre-arrest bail before the Sessions Court, Pune which is pending. However, vide order dated 8th September, 2022, the learned Additional Sessions Judge, Pune had rejected interim relief to the applicant, however, the father of the applicant has been protected with interim relief from the order passed by the learned Additional Sessions Judge refusing interim relief to the applicant it appears that the complainant and others were obstructed discharging their duties. It is observed that Himantlal (father of the applicant) scuffled with

one lady employee and abused her in filthy language. Interim protection has been refused to the applicant and the father of the applicant has been granted protection. In this circumstances, I pass the following order;

ORDER

i.

Anticipatory Bail Application No. 2951 of 2022 is disposed off.

ii.

During the pendency of the application before the Sessions Court the interim protection is granted to the applicant.

iii.

In the event of arrest of the applicant in connection with C.R. No.749 of 2022 registered with Wakad Police Station, Pune the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount;

iv.

The trial Court shall adjudicate the main application pending before the said Court on 3rd November, 2022 or within two weeks from 3rd November, 2022.

v.

The interim relief has been granted to the applicant without adjudicating the application on merits and Sessions

Court shall independently decide the application on merits and in accordance with law.

(PRAKASH D. NAIK, J.)