Vishwanath Alias Manoj Vasant Jare v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2982 OF 2022 Vishwanath Alias Manoj Vasant Jare ...Applicant
Versus
State Of Maharashtra
...Respondent
....
Mr. Aniket Nikam i/b Mr. Amit Icham, Advocate for the Applicant. Mr. Mithilesh Mishra, Advocate for the Intervenor. Mr. A. A. Palkar, APP for the Respondent - State. ....
CORAM
:
PRAKASH D. NAIK, J.
DATE :
20th OCTOBER, 2022.
PER COURT :
1.
The limited relief sought in this application is that, during pendency of the application for Anticipatory Bail preferred by the applicant before the Court of Sessions at Pune. Interim protection may be granted to him. It is submitted that, applicant is apprehending arrest in connection with C.R. No.555 of 2022 registered with Chikhali Police Station, Pimpri Chinchwad, Pune for the offences punishable under Sections 307, 308, 336, 323, 504, 506 read with 34 of the Indian Penal Code.
2.
It is submitted that, the application for Anticipatory Bail was preferred by Sessions Court at Pimpri on 14th October, 2022. The said application was thereafter adjourned to 17th October, 2022. Subsequently the application is adjourned to 2nd November, 2022
without interim relief. It is submitted that, the prime allegation of assault by weapon is attributed to the co-accused. In the event, interim relief is not granted to applicant. There every likelihood, he would be arrested and the application pending before Sessions Court would become infructious.
3.
Learned APP submits that, the application is pending before the Sessions Court. The investigation is in progress. 4.
Learned counsel for the complainant submits that, the role of assault is also attributed to the applicant. The FIR names the applicant as one of the person who assaulted the injured. The injury certificate depict the injuries suffered by the injured. He is in ICU. The application for interim relief preferred by the applicant was withdrawn.
5.
In rejoinder, learned counsel for the applicant however, pointed out that, after withdrawal of the interim protection application was made stating that, due to overt sight, the interim application was withdrawn and he may be permitted to peruse the application for interim protection. The request was granted and the interim application is pending before the concerned Court. 6.
In the light of the aforesaid factual aspect and without going into the merits of the application since the Anticipatory Bail
Application preferred by the applicant is pending before the Sessions Court interim relief can be granted to the applicant till the final disposal of the application pending before the concerned Court.
ORDER
i.
Criminal Anticipatory Bail Application No. 2982 of 2022 is disposed off.
ii.
Interim relief is granted till disposed of application pending before Sessions Court.
iii.
In the event of arrest of the applicant in connection with C.R. No.555 of 2022 registered with Chikhali Police Station, Pimpri Chinchwad, Pune, the applicant be released on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount. iv.
The learned Sessions Judge shall decide the application for Anticipatory Bail before the Sessions Court on merits in accordance with law and without being influenced by this order.
(PRAKASH D. NAIK, J.)