Dr. Rajesh Shivshaktilal Sharma v. The State Of Maharashtra And ANR.
rpa 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION (ST.) NO.1949 OF 2016 Rajesh Shivshaktilal Sharma .. Applicant V/s.
The State of Maharashtra & Anr.
.. Respondents ......
Mr. Naveen Chomal, Advocate for the Applicant. Mr. Vinod Chate, APP for the Respondent-State. ......
CORAM : PRAKASH D. NAIK, J.
(VACATION COURT) DATED :
NOVEMBER 03, 2016.
P.C. :
Leave to amend to change the name of the applicant in synopsis of the application.
This is an application preferred by the applicant seeking temporary protection with a view to approach the competent Court for seeking appropriate reliefs. The applicant is a permanent resident of Mumbai. Applicant is a qualified M.B.B.S. as well as D.H.M.S. degree holder. The learned advocate for the applicant submitted that
rpa 2/4 first information report (FIR) No.RC-2172016A0016/ACU-V/ACII/CBI/New Delhi has been registered by the CBI on 21st October, 2016 for the offences punishable under Section 120B of the IPC and Sections 7, 12, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The name of the applicant is not reflected in the FIR. No role is also assigned to him. The learned advocate for the applicant, however, submits that the applicant is a member of Central Council of Homeopathy (CCH). One of the accused named in the FIR is President of the said Council. The learned advocate further submits that he had received a call from the CBI officer who had threatened him and seeking to interrogate him in connection with the aforesaid crime. He expressed the apprehension of arrest in paragraph 3 (xxxi) of the application.
The applicant seeks temporary protection for approaching the appropriate Court for seeking reliefs. Considering the aforesaid circumstances and in view of the fact that he is apprehending arrest on account of the calls received from the investigating machinery, temporary protection can be granted to him to approach the competent Court for seeking appropriate reliefs.
rpa 3/4 Hence, I pass the following order:
:: O R D E R ::
i) In the event of arrest of the applicant in connection with C.R.No.
RC2172016A0016/ACU-V/AC-II/CBI/New Delhi for the offences punishable under Section 120-B of the Indian Penal Code and Sections 7, 12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, the applicant shall be released on bail on furnishing PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount;
ii) This interim protection is granted only for the period of four weeks from today;
iii) The applicant is at liberty to move the competent Court for seeking appropriate reliefs. No further extension of time will be granted.
rpa 4/4 iv) Anticipatory Bail Application stands disposed of.
(PRAKASH D. NAIK, J.)