Rajendra Chaganlal Parashar And Another v. The State Of Maharashtra

2024:BHC-AUG:23083 9-ABA-1607-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1607 OF 2024 Rajendra Chaganlal Parashar And Another

VERSUS

The State Of Maharashtra *** • Mr. S. P. Katneshwarkar, Advocate for the Applicants • Mr. S. B. Narwade, APP for the Respondent/State *** CORAM : R.M. JOSHI, J DATE : SEPTEMBER 30, 2024 PER COURT :

1.

This is an application for transit bail of the Applicants to approach 15th J.M.F.C, Calcutta in connection with CNS/2823/2024 dated 02.08.2024. 2.

Learned Counsel for the Applicants submits that the Applicants apprehend arrest on the basis of warrant of arrest issued by the same Court in connection with private complaint filed by the Shriram Finance Limited. He drew attention of the Court to the statement made in the Application that even without issuance of summons or notice, warrant of arrest has been issued. He drew attention of the Court to the warrant of arrest as well as the case status which Umesh

9-ABA-1607-2024.odt indicates that a first date of hearing is 02.08.2024 and on the same day warrant of arrest has been issued. 3.

In view of the above, Applicants have made out a case for protection from arrest till they appear before 15th JMFC, Calcutta. A statement is made on their behalf that before next date of hearing, appropriate application shall be moved for cancellation of bail before the said Court.

4.

In the facts of the case where there is apparent non compliance of provisions of issuance of summons before seeking production of accused on warrant, the liberty of the Applicants is at the stake. This order is not passed on merits of the case but only to enable them to move concerned Court. Having regard to the aforestated facts, Applicants have made out a case for protection from arrest till 26.11.2024. Hence, application is allowed in terms of prayer clause 'B'. (R.M. JOSHI, J.) Umesh