Dayashankar Mishra (Intervener) v. The State Of Maharashtra

APPP 867-14.odt Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.867 OF 2014 (For Intervention) IN ANTICIPATORY BAIL APPLICATION NO.1372 OF 2014 Dayashankar Mishra .Intervener In the matter between Manish Kumar Mishra .Applicant V/s.

The State of Maharashtra .Respondent Mr.A.R.Pande, Advocate, for the Applicant Ms A.T.Javeri, APP, for the Respondent - State Mr.V.Ugale i/b.Mr.A.M.Saraogi, Advocate, for the Intervener

CORAM

:

P.D.KODE, J.

DATE :

5TH JANUARY, 2015 P.C.

.

Heard.

2.

Having regard to the decision of the Apex Court in the case of Sudeep Kumar Bafna Vs. State of Maharashtra and another, reported in AIR 2014 SC 1745 and particularly,

APPP 867-14.odt observations made in para No.56, it is difficult to entertain the prayer for intervention in this independent proceedings taken for the purpose of anticipatory bail. It appears accordingly as bail and anticipatory bail though nomenclature is different both germens 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. 3.

The Criminal Application stands disposed of.

(P.D.KODE, J.)