Dr Nathuram R. Rohila v. The State Of Maharashtra

1_appp_829_14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL CRIMINAL APPLICATION NO.829 OF 2014 Dr. Nathuram R. Rohila ... Intervenor In the matter between Devendra Shrihari Pagare ... Applicant Vs.

The State of Maharashtra .... Respondent Mr. Nathuram R. Rohila, intervenor-in person present. Mr. Hemant Ingale for the Applicant.

Mrs. A.A. Mane, APP for the Respondent-State. CORAM: P.D. KODE, J.

DATED: JANUARY 8, 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 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.

1. AIR 2014 SC 1745.

Megha 1 of 2

1_appp_829_14.doc 2.

The Criminal Application No.829 of 2014 stands disposed of.

(P.D. KODE, J.) Megha 2 of 2