Chandulal Rupchand Oswal And ORS v. State Of Maharashtra
908-aba-3076-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3076 OF 2023 Chandulal Rupchand Oswal and Others ...Applicants vs.
The State of Maharashtra
...Respondent
Mr. Kuldeep Nikam, for the Applicants Mr. M.G. Patil, APP, for the Respondent/State. Mr. Sarika Jagtap, API, Hadapsar police station. CORAM :
N. J. JAMADAR, J.
DATE :
NOVEMBER 1, 2023 P.C.:
1.
Heard the learned counsel for the applicant and the learned APP for the State.
2.
This application is preferred seeking pre-arrest bail in connection with C.R. No. 1298 of 2023 registered at Hadapsar police station for the offences punishable under sections 376, 376(2), 377, 354-A, 323. 504 and 506(2) of Indian penal Code, 1860.
3.
The learned counsel for the applicants submits that the applicants have preferred an application before the Court of Session being Criminal Bail Application No. 6365 of 2023. 4.
On 26th October, 2023 since the first informant made allegations against the Presiding Officer, the learned Additional Session Judge did not consider the prayer for interim bail. The first Vishal Parekar ...1
908-aba-3076-2023.doc informant has filed a transfer application which is pending before the Court of Session and it is scheduled to be listed on 6th November, 2023.
5.
It appears that the prayer of the applicant for interim bail could not be considered as the first informant has made complaint against the Presiding Officer and transfer application is filed. 6.
In view of above, the learned APP under the instructions of investigating officer, makes a statement that till the prayer of the applicants for interim bail is considered by the Court of Session, the applicants will not be arrested in this crime. 7.
In view of the aforesaid statement, the application stands disposed.
8.
The Court of Session is requested to make an endeavour to decide the application as expeditiously as possible. (N. J. JAMADAR, J.) Vishal Parekar ...2