Glenn Joseph Ebnett v. The State Of Maharashtra

56_appp_864_2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL APPLICATION NO.864 of 2014 IN ANTICIPATORY BAIL APPLICATION NO.1583 OF 2014 Glenn Joseph Ebnett ... Intervener In the matter between Yasin Suleman Umatiya & Ors.

...Applicants Vs.

The State of Maharashtra ... Respondent Mr. O.A. Siddiqui & Rajendra Rtathod for the Intervener. Mrs. A.A. Mane, APP, for the Respondent- State. CORAM: P.D. KODE, J.

DATED: 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 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

1. AIR 2014 SC 1745.

Megha 1 of 2

56_appp_864_2014.doc is at liberty to exercise the rights within four corners of Section 301 of the Code of Criminal Procedure.

2.

The Criminal Application No.864 of 2014 stands disposed of.

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