Narayan Balaji Thakur And ORS v. The State Of Maharashtra And ORS

by CHITRA SANJAY SONAWANE Date:

2024.10.09 20:06:08 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 906-ABA-2772-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2772 of 2024 Narayan Balaji Thakur & Ors.

...... Applicants.

Vs.

The State of Maharashtra ...... Respondent.

--- Ms Priyanka Thakur for the applicants.

Mr Yogesh Dabke, APP for respondent/State.

PSI Tukaram Nagare, Turbhe police station, Navi Mumbai. --- Coram : R.N.Laddha, J.

Date : 9 October 2024.

P.C. :

The learned Counsel for the applicant submits that the applicant is seeking limited relief of protection till the Anticipatory Bail Application No.710 of 2024, filed on 1 October 2024, is decided by the learned Sessions Court, CBD Belapur. The learned Counsel submits that the Sessions Court did not grant the adinterim protection to the applicant from arrest nor rejected the application, therefore, the applicant was constrained to file this application before this Court. The learned Sessions Judge did not assign any reason while adjourning the matter. 2.

Upon perusing the records, it appears that the applicant has moved the learned Sessions Judge for pre-arrest bail vide Page No. 1 of 2 ____________________________________________ 9 October 2024.

Chitra Sonawane 906-ABA-2772-2024.doc Anticipatory Bail Application No.710 of 2024, which is pending awaiting decision.

3.

It is indubitable that a party cannot approach two forums having concurrent jurisdiction for an identical relief. However, since the matter was adjourned without passing any order and no reasons are 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 Sessions Court. 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.

4.

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

5.

All parties to act on authenticated copy of this order. [ R. N. Laddha,J. ] Page No. 2 of 2 ____________________________________________ 9 October 2024.