The Kapol Co-Operative Bank Ltd. (Intervener) v. The State Of Maharashtra

2-appp-804-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.804 OF 2014 IN ANTICIPATORY BAIL APPLICATION NO.1467 OF 2014 The Kapol Co-operative Bank Limited (Through it's Accountant Shri P.D. Mondkar) ...Intervener In the matter between R. Subramaniam ...Applicant vs.

The Senior Inspector of Police Unit-I, E.O.W. and Another

...Respondents

Mr. S.G. Rajput, Advocate for the Applicant.

Mrs. G.P. Mulekar, APP for the State.

CORAM : P.D. KODE, J.

DATE : JANUARY 14, 2015 P.C.

.

Having regard to the decision of the Apex Court in the case of "Sudeep Kumar Bafna vs. State of Maharashtra and Another"1 and particularly observations made in para 56, it is difficult to entertain the prayer for intervention taken in

1. AIR 2014 SC 1745.

Vishal 1/2

2-appp-804-2014 anticipatory bail. It appears accordingly as bail and anticipatory bail though nomenclature is different both germane from the same species. Having regard to it as per the above referred decision, the complainant/intervener is not entitled to intervene in the anticipatory bail proceedings. He will not have any right to interfere in the proceedings for pre-arrest bail. However, the intervener is at liberty to exercise the rights within four corners of Section 301 of the Code of Criminal Procedure.

2.

The Criminal Application No.804 of 2014 stands disposed of.

(P.D. KODE, J.) Vishal 2/2