Kiran S/O Wasudeorao Somalwar v. Police Station, Ambazari Thr. Psi Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.552 of 2016 (Kiran Wasudeorao Somalwar vs.

M/s. Ahlcon Parenterals [India] Ltd. and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : S.B. SHUKRE, J.

DATE : 23 rd AUGUST, 2016.

Heard Shri N.D. Khamborkar, learned Counsel for the applicant.

Leave to delete non-applicant Nos.1 and 2 at the risk of the applicant and leave to add Police Station Officer, Ambazari, Nagpur as sole non-applicant is granted. Leave to amend the prayer clause is also granted.

Amendment be carried out forthwith.

Issue notice to the non-applicant.

Shri V.P. Gangane, learned A.P.P. waives notice on behalf of the State.

Heard.

The offence alleged against the applicant is one which is punishable under Section 138 of the Negotiable Instruments Act. The applicant says that he could not attend the Court of Metropolitan Magistrate at New Delhi owing to his being confined to bed on

2/3 account of fracture to the left ankle suffered by him in an accident. The applicant states that he would be appearing before the concerned Court at New Delhi on 16/09/2016 and surrendering himself to the jurisdiction of that Court.

Having regard to the submissions made and also to the nature of offence alleged against the applicant, I am of the view that transit anticipatory bail deserves to be granted to the applicant to enable him to appear before the concerned Court at New Delhi on 16/09/2016. Accordingly, this application is granted. It is directed that in the event of arrest of the applicant in execution of the non-bailable warrant issued against him in the criminal cases being C.C. Nos.1657/2015 and 2561/1/15, the applicant shall be released on bail on his furnishing a P.R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like sum on the conditions that he shall attend the Court of Metropolitan Magistrate, Court No.16, Patiala House Court, New Delhi on 16/09/2016.

It is made clear that the anticipatory bail so granted to the applicant is valid only till 16/09/2016 or till the applicant surrenders himself before the Court at New Delhi, whichever is earlier.

Hamdast is granted.

JUDGE *sdw

3/3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 24/08/2016 P.A. to the Hon'ble Judge.