Bombay High CourtABA/2681/2018anticipatory bail granted

Nizar Noorali Rangara And ORS v. The State Of Maharashtra

2018-12-22Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 504-aba-2681-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2681 OF 2018 Nizar Noorali Rangara & Ors.

.. Applicants Vs.

State of Maharashtra .. Respondent ......

Mr.Kamlesh Jain, Advocate for the Applicants. Mr.M.G. Patil, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

DECEMBER 22, 2018.

P.C. :

Not on Board. Production of papers is allowed at 11:00 a.m.

This is an application preferred under Section 438 of Code of Criminal Procedure, with limited prayer seeking temporary protection in the event of arrest of the applicants in lieu of execution of Non Bailable Warrant, issued by Metropolitan Magistrate 10th Court, Kolkata in Case No.C/5028/2013.

Applicants are residents of Mumbai. Applicant NO.3 is senior citizen aged about 75 years. It is submitted that the proceedings are pending in the aforesaid Court for an offence punishable under Section 138 of Negotiable Instruments Act. One of the accused has been arrested on execution of Non-Bailable Warrant.

rpa 2/2 504-aba-2681-18.doc It is submitted that the next date before the trial Court is 16th January, 2019, and, hence, it is prayed that the applicants be granted protection under Section 438 of Cr.P.C., to enable them to approach appropriate Court for seeking appropriate reliefs. Considering the aforesaid submissions, the reliefs as prayed for can be granted.

Hence, I pass the following order:

:: O R D E R ::

(i) In the event of arrest of the applicants in connection with Non-Bailable Warrant issued by Metropolitan Magistrate 10th Court, Kolkata in Case No.C/5028/2013, the applicants be released on bail on their furnishing P.R. Bond in the sum of Rs.20,000/-, each, with one or more sureties in the like amount;

(ii) This protection is granted till 15th January, 2019, to enable the applicants to approach appropriate Court for appropriate reliefs;

(iii) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)