Jikar Allarakha Saiyed And ORS v. State Of Maharashtra And ANR

2024:BHC-AS:39047 7 aba 183 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.183 OF 2024 R.R.Nair ...

Applicant versus Union Territory of Dadra & Diu Nagar Haveli, Daman and Diu and Ors.

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Respondents WITH ANTICIPATORY BAIL APPLICATION NO.28 OF 2024 Jikar Allarakha Saiyed and Ors.

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Applicants versus State of Maharashtra and Anr.

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Respondents Mr. Sunny Punamiya i/by Ms. Kinnari Mehta, for Applicant in ABA 183 of 2024. Mr. Amit Desai, Sr. Advocate with Mr. Gopalkrishna Shennoy, Mr. Arif Khan, Mr. Ramesh Rathod, Ms. Kavitha Prakash i/by Gaurav Chaubey, for Applicants in ABA 28 of 2024.

Mrs. Mahalaxmi Ganapathy, APP for State.

Mr. Harsh Dedhia h/f Mr. Venegavkar, for Union Territory of Dadra. PSI Dhanji Dubariya, IO, Coastal PS. Moti Daman, present. CORAM: N.J.JAMADAR, J.

DATE :

1 OCTOBER 2024 P.C.

1.

Heard the learned Counsel for the parties.

2.

By an order dated 8 January 2024 in ABA No.28 of 2024, a coordinate Bench of this Court passed an ad-interim order protecting the liberty of the Applicants. By an order dated 14 March 2024 in ABA No.183 of 2024, this Court has passed an ad-interim order protecting the liberty of the Applicants. 3.

Today, Mr. Dedhia, learned Counsel for Union Territory of Dadra, & Diu Nagar Haveli, Daman and Diu, on instructions of the Officer, who is present in SSP 1/2

7 aba 183 of 2024.doc Court, submits that the applicants have appeared before the Investigating Officer and further custodial interrogation of the applicants is not warranted. Learned Counsel further submits that the investigation is complete. 4.

In view of the aforesaid statements, I am inclined to make the orders of interim bail absolute.

5.

Hence, the following order :

ORDER

(i) The order of interim bail dated 8 January 2024 in ABA No.28 of 2024 and order dated 14 March 2024 in ABA No.183 of 2024, are made absolute on the terms and conditions incorporated therein. (ii) In addition, the applicants shall regularly attend the proceedings before the jurisdictional Court.

(iii) The Applications stand disposed.

(iv) By way of abundant caution, it is clarified that the observations in the orders are confined to the determination of the entitlement for pre-arrest bail only.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 03/10/2024 20:02:27