Sameer S/O Haji Latif Merchant v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 2450 of 2024 Sameer S/o. Haji Latif Merchant ...Applicant Vs.
The State of Maharashtra and Anr.
...Respondents
---- Mr. Ashok M. Saraogi a/w. Mr. Utkarsha Wadekar a/w. Mr. Amit Dubey, for the Applicant.
Mr. Arfan Sait, APP for the Respondent - State. ---- Coram: R. N. Laddha, J.
Date: 3 September 2024 Digitally signed by MAMTA AMAR KALE Date:
2024.09.03 18:42:35 +0530 MAMTA AMAR KALE P.C.
.
Heard Mr. Ashok Saraogi, the learned counsel for the applicant and Mr. Arfan Sait, the learned Additional Public Prosecutor representing the respondent / State.
2.
In this application, the learned counsel has approached this Court projecting extreme urgency in the matter for the reason that he apprehends arrest in connection with the FIR bearing CR No.540 of 2023, registered at Masaudi Police Station, Patna, Bihar, for the offences punishable under Sections 420, 467, 471 and 120-B of the Indian Penal Code,
3.
The learned counsel for the applicant submits that the applicant is seeking limited relief of protection till he approach the competent Court of jurisdiction for seeking anticipatory bail in connection with the aforesaid crime registered against him.
4.
The learned APP pointed out that the FIR was registered in the year 2023 at Masaudi Police Station, Patna, Bihar, the State's response would be limited. The suggestion is to grant relief of transit anticipatory bail with specific conditions, ensuring applicant does not misuse it. The limited relief of protection can be granted to the applicant only to facilitate approaching the competent Court of jurisdiction for seeking anticipatory bail.
5.
This Court is not going into the merits of the matter or entitlement of the applicant for grant of anticipatory bail in any manner. Since there is possibility of applicant's arrest in connection with the aforesaid crime, which cannot be said to be imaginary or misplaced, in the facts and circumstances of the case, it is appropriate to protect the applicant for a limited period to enable him to approach the competent Court of jurisdiction at Masaudi, Patna, Bihar. Hence, the following order.
(i) The applicant is granted protection only for a period of three weeks from today provided the applicant during this period shall not leave the State of Maharashtra except to travel to the State of Bihar for moving such application
before the competent Court of jurisdiction.
(ii) The applicant shall inform the concerned police station of State of Maharashtra about this order passed by the Court.
(iii) Needless to say that the applicant shall not act in any manner that would prejudice to the investigation that may be carried out by the concerned police officer in respect of said FIR.
6.
The application stands disposed of accordingly. 7.
The parties to act on the authenticated copy of this order. R. N. Laddha, J.