Vineet Kumar Dhattarwal v. The Union Of India And ANR

24-ABA-3574-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION NO. 3574 OF 2024 Vineet Kumar Dhattarwal ...Applicant Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.12.26 20:18:13 +0530

Versus

SHRADDHA KAMLESH TALEKAR The Union of India, through SP, CBI, ACB & Anr.

...Respondents

Dr. Sujay Kantawala a/w. Mr. Aditya Talpade, Pratik Karande, Namasvi Bhanushali, Advocates for Applicant.

Mr. Kuldeep Patil (through VC) a/w. Saili Dhuru for Respondent No. 1-UOI.

Smt. Shilpa G. Talhar, APP for Respondent No.2-State. PI Pravin Swami, CBI, ACB, Mumbai present in Court.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE :

DECEMBER 26, 2024 (VACATION COURT) P. C.

1.

Affidavit in reply on behalf of Respondent No.1 dated December 26, 2024 is taken on record.

2.

After hearing the parties at some length, since pleadings are also complete, it is felt that it would be appropriate that the Application be considered by the Regular Bench on re-opening. In arriving at this view, I have applied my mind to various facts presented to me, including the variation in quantum of the alleged bribe and the scale December 26, 2024 Shraddha

24-ABA-3574-2024.doc alluded to by the Learned Counsel for the Applicant, as also the fact that the Applicant is not currently available for participation in the investigation. Let the matter be considered on merits by the Regular Bench, on the re-opening.

3.

Dr. Kantawala, Learned Counsel for the Applicant, submits that he should not be labeled as an "absconder" and that he is only apprehensive that he would be unfairly treated, should he present himself for the investigation. He relies on this Court to accord him due protection under the law. Mr. Kuldeep Patil, on behalf of the CBI on the other hand, submits that the Applicant presenting himself without any capacity for the Investigating Agency to conduct a custodial interrogation would be a fruitless exercise and he would rather have the Application heard on merits by the Regular Bench in due course. 4.

Taking all these factors into account, the Application is stood over to January 2, 2025, for consideration by the Regular Bench. 5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[SOMASEKHAR SUNDARESAN, J.] December 26, 2024 Shraddha