Nitin Kachru Pandit v. State Of Maharashtra

bipin prithiani 910-aba-3242.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3242 OF 2024 Nitin Kachru Pandit ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Hrishi Ghorpade i/by Tanvi Tapkire for the Applicant. Mr. Mayur S. Sonavane, APP for Respondent-State. Mr. Padmaraj R. Gample, PSI, Vishrantwadi Police Station, Pune. ****** CORAM: MANISH PITALE, J.

DATE : 3rd DECEMBER 2024 P.C. :

.

This anticipatory bail application has been filed during the pendency of anticipatory bail application already preferred by the applicant before the Sessions Court.

2.

The learned counsel for the applicant submits that the real grievance of the applicant is that due to absence of any interim relief in the pending anticipatory bail application before the Sessions Court, there is possibility of coercive steps being taken against the applicant and if he is arrested, it would seriously adversely affect his service, as he is a Soldier working with the Army, posted at Meerut. It is submitted that the Sessions Court simply issued notice to the APP appearing therein and also the victim and the anticipatory bail application is pending, without any interim relief.

bipin prithiani 910-aba-3242.24.doc 3.

The learned APP, on the other hand, submits that instead of this Court going into the matter, since the next date before the Sessions Court is 7th December 2024, appropriate directions can be issued for the pending anticipatory bail application before the Sessions Court itself being decided finally.

4.

In view of the above, this Court is inclined to keep this application pending and to issue specific directions to the Sessions Court. It is to be kept in mind, in such matter, that even if anticipatory bail application is to be adjourned for some reason, it can be adjourned only for a couple of days, when interim relief is not operating. But, if an anticipatory bail application is to be adjourned for longer period of time, the concerned Court must pass an order on the question of interim relief. 5.

Be that as it may, the concerned Sessions Court at Pune, where the anticipatory bail application of the applicant is pending, is directed to finally decide the said pending application on or before 7th December 2024, without fail.

6.

List this application for further consideration on 11th December 2024, to be included in the supplementary list. MANISH PITALE, J.

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.12.03 14:38:45 +0530