Santosh Raghunath Jathar And ORS (Interveners) v. The State Of Maharashtra

3-appp-831-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.831 OF 2014 (FOR INTERVENTION) IN ANTICIPATORY BAIL APPLICATION NO.1490 OF 2014 Santosh Raghunath Jathar ...Intervener In the matter between Sajan Prem Ray ...Applicant vs.

State of Maharashtra

...Respondent

Mr. R.K. Agrawal a/w. M.A. Ansari, Advocate for the Intervener.

Mr. Rajesh More, APP for the State.

CORAM : P.D. KODE, J.

DATE : JANUARY 22, 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

3-appp-831-2014 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.

The Criminal Application No.831 of 2014 stands disposed of.

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