Muazzam Maqsood Bhaiji v. State Of Maharashtra And ANR

45 ABA-3626-2022.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3626 OF 2022 WITH INTERIM APPLICATION NO. 676 OF 2023 Muazzam Maqsood Bhaiji ...Applicant

Versus

State Of Maharashtra and Others

...Respondents

Mr. Raju Desai with Mr. Raghavan Sarathy, Mr. Akhil Sarathy, Ms. Prachi Kolembekar, Ms. Ruchita Chavan i/b Thodur Law Associates, for Applicant.

Mr. Sandeep R. Karnik, for Applicant in IA-676/2023. Mrs. Ashwini A. Takalkar, APP for State.

Mr. Rahul Pawar, API, Navi Mumbai Police Station, Present. CORAM:- N. J. JAMADAR, J.

DATED:- 21st AUGUST, 2023 P.C.:- 1) Heard the learned Counsel for the parties.

2) The learned Counsel for the applicant submits that this second application for pre-arrest bail is preferred on account of the change in circumstances.

3) If the application is based on the change in circumstances, it would be appropriate for the applicant to approach the Court of Session in the first instance. 1/2

45 ABA-3626-2022.DOC 4) The learned Counsel for the applicant seeks leave to withdraw the application with liberty to file a second application for pre-arrest bail before the Court of Session. 5) The application thus stands disposed with liberty to approach the Court of Session.

6) In the event such an application is preferred the Court of Session shall decide the same in accordance with law. 7) All the contentions, including the aspect as to whether there is a change in circumstances warranting the exercise the discretion afresh, are kept open.

8) In view of disposal of the Anticipatory Bail Application, the Interim Application also stands disposed. [N. J. JAMADAR, J.] 2/2