Gulshan Pindidass Mehra v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.01.31 18:34:36 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 253 OF 2025 Gulshan Pindidass Mehra ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Mr.Pravin Gaikwad a/w. Mr. Shahrukh Siraj Shaikh i/b. Mr.Vashisth Kumar Arora for the Applicant.

Mr.Mayur S. Sonawane, A.P.P. for the State.

Mr. Rajesh Gujar, PSI, Malad Police Station present. CORAM : RAJESH S. PATIL, J.

DATE : 31st JANUARY, 2025 P.C. :- 1.

The learned A.P.P. has raised a preliminary objection that this anticipatory bail application would not be maintainable before the Principal Bench as the FIR has been lodged with Ganeshpeth Police Station, Nagpur City. He further submits that the accused had filed an anticipatory bail application before the Nagpur Bench.

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The learned counsel appearing for the applicant submits that though the FIR was filed within the jurisdiction of the Nagpur Bench, the present anticipatory bail application before the Principal Bench of High Court of Bombay is maintainable. He submits that the applicant has not been added as an accused in this FIR as the name of his client does not surface. He submits that since his client has received the phone call on 12th January, 2025 from a person who discloses his name as Avhad from Ganeshpeth Police Station, Nagpur. He apprehends that the said Officer from the Ganeshpeth Police Station, Nagpur would arrest the applicant. Learned counsel submits that this is a transit bail. He submits that the applicant has not approached the Sessions Court seeking an anticipatory bail application.

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He has referred to the judgment of the Hon'ble Supreme Court in Priya Indoria vs. State of Karnataka & Ors. in SLP (Cri.) Nos. 1142311426 of 2023. 4.

I have heard learned counsel for both the sides on the preliminary objection raised by the learned A.P.P. that this is a transit

3/3 bail application filed by the applicant wherein the offence has been registered at Ganeshpeth Police Station, Nagpur and the anticipatory bail application has been filed before the Principal Bench of this Court. 5.

As far as the judgment of Hon'ble Supreme Court in Priya Indoria (supra) is concerned, the FIR was lodged in Police Station at Rajasthan and the anticipatory bail application was filed before the Sessions Judge, Sundargarh, Odisha. Hence, according to me, this judgment will not be applicable in the present proceedings where the FIR has been lodged within the State of Maharashtra and the applicant has not taken any efforts to move anticipatory bail application before the Sessions Judge at Nagpur. Neither he has preferred anticipatory bail application before the High Court of Bombay, Bench at Nagpur. 6.

In that view of the matter, there is no merit in this anticipatory bail application. This anticipatory bail application is rejected. [RAJESH S. PATIL, J.]