Parumeeta Vijjan Chakravarti v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2343 OF 2019 Parumeeta Vijjan Chakravarti ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Mubin Solkar a/w Mr. A. Sopariwala i/b Ms. Zara S. Salati for the Applicant Mr. S. S. Hulke, A.P.P for the Respondent-State Mr. Suraj Jaiswal for the Complainant CORAM : REVATI MOHITE DERE, J.

TUESDAY, 22 nd OCTOBER 2019 P.C. :

Not on Board. Taken on Board.

Heard learned counsel for the parties.

By this application, the applicant seeks interim protection for three weeks to enable the applicant to appear before the learned Additional Sessions Judge, before whom the applicant's main application being Anticipatory Bail Application No. 1142 of 2018, is pending.

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Perused the papers. It appears that the applicant has filed Anticipatory Bail Application No. 1142 of 2018, before the Additional Sessions Judge, Mumbai, in connection with C.R. No. 273 of 2018 registered with the Powai Police Station, Mumbai, for the alleged offence punishable under Sections 420, 418, 423, 406, 34 of the Indian Penal Code.

It appears that the applicant was granted interim protection by the learned Additional Sessions Judge vide order dated 6th September 2018 on the condition that she will deposit Rs. 14,00,000/- before the Powai Police Station on or before 14th September 2018. Learned counsel for the applicant states that the applicant has paid the said amount i.e. Rs. 14,00,000/- to the complainant directly. The complainant is present in Court and does not dispute having received Rs. 14,00,000/-. It appears that the learned Additional Sessions Judge directed the applicant to remain present on 11th September 2019 and even on earlier dates, however, it appears that the applicant did not remain present, as a warrant had been issued as against her by the learned Judicial Magistrate First Class in another case on 27th June 2019.

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Learned A.P.P does not dispute the same.

Today, learned counsel for the applicant states that the applicant will remain present before the Sessions Judge within two weeks from today. Statement accepted. He further submits that prior to moving the application before the learned Additional Sessions Judge for taking the matter on board, notice would be given to the Advocate for the complainant, who appears in the Sessions Court. Statement accepted.

Accordingly, the applicant shall not be arrested for a period of three weeks from today. The applicant to appear before the Sessions Judge within the said period and is at liberty to seek restoration of the interim relief granted by the trial Court vide order dated 6th September 2018.

Application is accordingly disposed of.

It is made clear that this application has not been heard and considered on merits. The learned Sessions Judge to dispose of 3/4

the main Anticipatory Bail Application No. 1142 of 2018, on its own merits, uninfluenced by the interim protection granted by this Court. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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