Chandrakant Dattu Mhatre And ANR v. The State Of Maharashtra

2023:BHC-AS:34937 3 aba 3269 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3269 OF 2023 Chandrakant Dattu Mhatre and Anr.

...

Applicants versus The State of Maharashtra ...

Respondents Mr. Ghanshyam Upadhyay with Mr. Vijay Jha, Mr. Shivkumar Sharma i/by Law Juris, for Applicants.

Mr. S.H.Yadav, APP for State.

CORAM:

N.J.JAMADAR, J.

DATE :

28 NOVEMBER 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

This is an application for pre-arrest bail in connection with C.R.No.389 of 2023 registered with Navghar Police Station for the offences punishable under Sections 406, 420, 506 read with Section 34 of the Indian Penal Code. 3.

By an order dated 19 June 2023, the learned Additional Sessions Judge was persuaded to grant interim bail to the applicants ascribing reasons. The Court had noted, inter alia, that the applicants were ready to pay the balance amount of Rs.11 Lakhs.

4.

By an order dated 8 November 2023, the learned Additional Sessions Judge was, however, persuaded to vacate the interim bail holding, inter alia, that the applicants were not co-operating with the Investigating Officer and were also not advancing the arguments before the Court.

SSP 1/2

3 aba 3269 of 2023.doc 4.

The learned Counsel for the Applicants submitted that to show their bonafide, the applicants are ready to deposit the sum of Rs.11 Lakhs in the Court. Adjournment was sought for a genuine reason. The Applicants are willing to appear before the Investigating Officer and advance the arguments before the Court of Session on the scheduled date.

5.

In the circumstances, since the Court of Session had granted interim protection after ascribing reasons, it may be expedient that the main application is finally decided by the Court of Session.

6.

Hence, the following order :

ORDER

(i) Let the Applicants deposit the sum of Rs.11 Lakhs before the Court of Session in ABA No.1921 of 2023 on or before 30 November 2023. (ii) The Applicants shall appear before the Investigating Officer on 29 November 2023 in between 10.00 a.m. to 1.00 p.m. (iii) Till ABA No.1921 of 2023 is finally decided by the Court of Session, the interim protection granted on 19 June 2023 shall continue to operate. (iv) The applicants shall not seek any adjournment before the Court of Session.

(v) The Application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2