Pramod Mahadev Thakur v. State Of Maharashtra

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2024.10.03 18:17:01 +0530 sg 903.aba2691-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2691 of 2024 Pramod Mahadev Thakur ...

Applicant v/s.

State of Maharashtra through Turbhe M.I.D.C. Police Station, Navi Mumbai ...

Respondent ....

Mr Rajiv Patil, Senior Advocate, i/b. Priyanka Thakur, for the Applicant.

Ms Supriya Kak, APP, for Respondent State.

PSI Tukaram Nagte, Turbhe Police Station, Navi Mumbai, is present. ....

Coram : R.N. Laddha, J.

Date : 1 October 2024 P.C. :

.

The learned Senior Counsel for the applicant submits that the applicant is seeking limited relief of protection till his Anticipatory Bail Application No.1277 of 2024, filed on 25 September 2024, is decided by the learned Sessions Court, Belapur. The learned Senior Counsel for the applicant submits that since the Sessions Judge did not grant ad-interim protection from arrest, the applicant was constraint to prefer this application before the High Court. The learned Sessions Judge did not assign any reason while adjourning the matter. Upon perusal of the records, it becomes evident that the applicant has moved _______________________________________________ 1 October 2024

sg 903.aba2691-24.doc the learned Sessions Court for pre-arrest bail vide ABA No. 1277 of 2024, which is pending awaiting decision.

2.

It is indubitable that a party cannot approach two forums having concurrent jurisdiction for an identical relief. However, since the matter was adjourned without granting a relief, and no reasons were assigned thereof, it would be expedient to dispose of this application by extending the protection to the applicant for a limited period to address the contingency of the anticipatory bail application being decided by the learned Sessions Judge. Hence, the following order:

ORDER

The application stands disposed of by granting the protection to the applicant from arrest in this crime, till 16 October 2024.

3.

It is made clear that this Court has not examined the merits of the matter and the learned Sessions Judge shall decide the anticipatory bail application pending before him on its own merits and in accordance with law.

4.

All parties to act on authenticated copy of this order. (R.N. Laddha, J.) _______________________________________________ 1 October 2024