Chandrakant Haraklal Gandhi And ORS v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 2400 of 2024 Chandrakant Haraklal Gandhi and Ors.
...Applicants Vs.
The State of Maharashtra and Anr.
...Respondents
With Interim Application No. 3999 of 2024 in Anticipatory Bail Application No. 2400 of 2024 Haresh Gandhi ...Applicant / Intervener In the matter between Digitally signed by MAMTA AMAR KALE Date:
2024.10.10 18:49:31 +0530 MAMTA AMAR KALE Chandrakant Haraklal Gandhi and Ors.
...Applicants Vs.
The State of Maharashtra and Anr.
...Respondents
---- Mr Aabad Ponda, Senior Advocate a/w Mr Bhavesh Thakur i/b Prayag Joshi, for the Applicants.
Mr Yogesh Dabke, APP for Respondent No.1 - State. Mr T R Yadav, for the Intervenor.
Mr Bhavesh Parmar a/w Ms Reshma Nair, Mr Vivek Akshali, Mr Rahul Gaikwad, Mr Aqueel Patel, Mr Aman Jhawar, Mr Hrushik Gole, Ms Nikita Abhyankar, Mr Rajesh Sahani and Ms Vaishnavi Mudras i/b Gravitas Legal, for Respondent No.2.
Sr PI Mr Dattatray Patil, Tilak Nagar Police Station, Mumbai is present.
---- Coram: R. N. Laddha, J.
Date: 10 October 2024
P.C.
Interim Application No. 3999 of 2024 .
Heard the learned Counsel for the parties.
2.
The applicant, arraigned as an accused No.1 in C.R. No.389 of 2024, registered at Tilak Nagar Police Station, Mumbai, for the offences punishable under Sections 406, 409, 420, 465, 467, 468 and 471 read with 34 of the Indian Penal Code, has filed this application to intervene in Anticipatory Bail Application No.2400 of 2024 filed by accused Nos.2 to 5.
3.
Upon perusing the records, it transpires that the applicant / intervenor is the informant's husband, and the present dispute involves close family members. By this application, the applicant seeks to oppose the granting pre-arrest bail to accused Nos.2 to 5, claiming that the letter dated 29 May 2024 was written under undue influence and coercion by these accused, and that denying request to intervene would cause irreparable harm and loss. It is well settled that a third party has no locus to intervene and independently oppose an application. The applicant, who is also an accused in the crime and has not been arrested to date, is considered a third party to pre-arrest bail application filed by accused Nos.2 to 5 and is therefore, has no standing to intervene. In these circumstances, the request for intervention is denied and the interim application stands rejected.
Anticipatory Bail Application No. 2400 of 2024 .
Part heard.
2.
Stand over to 11 October 2024, at 2.30 p.m.
3.
Interim protection granted earlier shall continue to operate till the next date.
R. N. Laddha, J.