Pramodkumar Upendra Sahu v. State Of Maharashtra

JOHNSON GONSALVES Date: 2025.08.02 16:53:12 +0530 SMITA JOHNSON GONSALVES

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Application No.114 of 2024 Pramodkumar Upendra Sahu and Ors ... Applicants versus The State of Maharashtra and Anr ... Respondents With Interim Application (Stamp) No.11343 of 2025 In Criminal Application No.114 of 2024 Archana Ashish Sharma & Ors ... Intervenors In the matter of Pramodkumar Upendra Sahu and Ors ... Applicants versus The State of Maharashtra and Anr ... Respondents ---- Mr Aditya R Mokashi, for the applicants in Appln. Mr Arfan Sait, APP, for respondent No.1/ State. Mr JS Tiwari, for respondent No.2 in Appln.

Mr Aditya V Kode, a/w. Mr Avadhut Bidaye, for the intervenors.

Mr Anand Mudliyar, Senior PI, EOW, MBVV, Police Commissionerate, is present.

---- Coram: R.N. Laddha, J.

Date: 31 July 2025.

P.C.:

Interim Application (Stamp) No.11343 of 2025 In Criminal Application No.114 of 2024 .

Heard.

2.

For the reasons stated in the intervention application, and no objection from the other side, the same is allowed in terms of prayer clause (a).

3.

The interim application stands disposed of accordingly. Criminal Application No.114 of 2024 .

Heard the learned Counsel for the parties and the learned APP.

2.

This is an application for cancellation of anticipatory bail granted to respondent No.2 by the Sessions Judge, Vasai, in Anticipatory Bail Application No.1425 of 2023. 3.

Upon examination of records, it is evident that the learned Sessions Judge, allowed the anticipatory bail application without assigning any independent reasoning or detailed justification. The only ground recorded for granting bail was that, under similar factual circumstances in two other FIRs, the

High Court had extended the benefit of anticipatory bail to the same respondent.

4.

In light of the above observation and the submissions made by the learned Counsel for both parties, who have consented to the cancellation, this Court finds merit in the present application.

5.

Accordingly, the present application is allowed. The order passed by the learned Additional Sessions Judge, Vasai, in Anticipatory Bail Application No.1425 of 2023, granting anticipatory bail to respondent No.2, is hereby set aside. The matter is remanded back to the Sessions Court, Vasai, for reconsideration on its own merits. The learned Sessions Judge is directed to decide the anticipatory bail application afresh, in accordance with law, expeditiously, and preferably within three weeks from the date of receipt of this order. Till the application is heard and decided afresh, the interim protection granted earlier shall remain in force. The parties are directed to remain present before the learned Sessions Court, Vasai, on 4 August 2025.

6.

The present criminal application stands disposed of in the aforesaid terms.

(R.N. Laddha, J.)