Maulik Kishorbhai Abhangi v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN VINOD MAYEKAR Date:

2025.02.04 18:39:09 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 327 OF 2025 Maulik Kishorbhai Abhangi ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Ms. Neeta Karnik, Senior Advocate a/w. Mr. Piyush Todkar for the Applicant.

Mr. Amit A. Palkar, A.P.P. for the State.

Mr. Sagar A. Shahani for the Intervenor.

Mr. Vijay Thosar, PSI, BKC Police Station, Mumbai present. CORAM : RAJESH S. PATIL, J.

DATE : 4th FEBRUARY, 2025 P.C. :- 1.

Ms. Karnik, learned senior advocate for the applicant seeks leave of this Court to add the first informant as a party respondent no.2. Leave as prayed, is granted. The applicant is permitted to add the first informant as the party respondent no.2. Amendment to be carried out forthwith.

2/4 2.

Ms. Karnik, learned senior advocate for the applicant submits that the present anticipatory bail application has been rejected on the ground that the applicant has not abide by the conditions imposed by the Sessions Court in an earlier anticipatory bail application order which was passed on 18th January, 2025. In the said order dated 18th January, 2025 while granting anticipatory bail application, the Court had directed the applicant to report to the concerned police station on every Monday between 11:00 a.m. and 1:00 p.m. until filing of the charge-sheet and to co-operate with the investigation. She submits that the order was passed on 18th January, 2025 which was a Saturday, when the advocate appearing for the applicant was not present in the Court Room as he mainly practices in Aurangabad and only occasionally visits Mumbai.

The order dated 18th January, 2025 appears, from the copy of document annexed to the present anticipatory bail application at page 31, to have been signed by the Sessions Judge only on 20th January, 2025 which was a Monday, and the order was uploaded only on Wednesday, 22nd January, 2025.

3/4 2025, the applicant was not aware and could not report to the concerned police station on Monday, 20th January, 2025. 3.

In the meanwhile apprehending arrest in an another FIR, the present applicant filed an Anticipatory Bail Application No. 172 of 2025 on 23rd January, 2025 before the Sessions Court. Since the applicant had an apprehension that he may be arrested in the second FIR, he was not able to attend the police station on Monday, 27th January, 2025. Additionally, the second anticipatory bail application before the Sessions Court was scheduled to be heard on 28th January, 2025. The said second anticipatory bail application was heard on 28th January, 2025 and was rejected on the same day and the order was uploaded at 3:30 p.m.

4.

Immediately thereafter the present anticipatory bail application has been filed in the second FIR. Ms. Karnik submits that the applicant is the son of the original accused no.1, who is absconding. She further submits that due to unforeseen circumstances, the applicant was not able to attend the concerned Police Station as per the directions given

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5.

The applicant is directed to report to the concerned Police Station on 5th February 2025, 6th February 2025 and 7th February 2025 from morning 11:00 a.m. to 1:00 p.m.

6.

Let the matter come up on board on 11th February, 2025 under the caption 'Urgent Circulation'.

7.

In the meanwhile, no coercive steps be taken against the applicant till the next date of the hearing.

[RAJESH S. PATIL, J.]