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Bombay High CourtABA/400/2025disposed off

Prayag Mahesh Kumbhar And ORS v. The State Of Maharashtra

2025-02-14Hon'Ble Shri Justice Rajesh S. Patil3 pages

2025:BHC-AS:7363

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 400 OF 2025 Prayag Mahesh Kumbhar And Ors.

...Applicants V/s The State of Maharashtra

...Respondent

...

Adv. Asit Y. Chaware a/w Tanveer Patel for the Applicants. Adv. Ajay S. Patil, APP for the State.

API Sachin Dhage, NRI Police Station.

...

CORAM

: RAJESH S. PATIL, J.

DATED : 14th FEBRUARY, 2025 P.C.:

1.

This Anticipatory Bail Application has been filed by the present Applicants while their Anticipatory Bail Applications are pending before the Sessions Court Belapur, Thane. It is a case of the Applicants that their Anticipatory Bail Applications before the Sessions Court filed on 28th January, 2025 were on board. However, on that day, the Applications were adjourned to 6th February, 2025, since the Investigating Officer sought time to respond. A copy of the Rojnama of the Sessions Court is annexed to the present Anticipatory Bail Application at page No. 47.

2.

The counsel for the Applicants submits that there is grave apprehension that because of no protection granted by the Sessions Court and the matter being kept pending, the Applicants are likely to be arrested. He submits that there are cross FIRs filed. He submits that he has specifically taken up a ground at paragraph No. 7 of the present Anticipatory Bail Application, wherein, he has stated that the NRI Sagari Police Station has grudge against the Kumbhar family as Applicant Ajay Kumbhar has made complaint against the Senior P.I. of NRI Sagari Police Station, pursuant to which the Senior P.I. was arrested by the ACB. According to the learned counsel for the Applicants, the police will act swiftly. 3.

Taking into consideration that the Anticipatory Bail Applications filed by the present Applicants have not been decided as of today by the Sessions Court Belapur, Thane, suffice would be the purpose that the specific directions are given to the concerned Sessions Court to decide the Anticipatory Bail Application. 4.

It is hereby directed to the Sessions Court at Belapur, Thane to decide the Anticipatory Bail Application Nos. 63/2025 and 70/2025 of the Applicants as early as possible and preferably within a period of one week from today.

5.

In the meantime, only for the limited purpose, since the Anticipatory Bail Applications filed by the present Applicants have not been decided and there is no protection, the police should not take any coercive steps against the Applicants till the Anticipatory Bail Application have been decided by the Sessions Court.

6.

Accordingly, the present Anticipatory Bail Application is disposed of.

7.

It is made clear that this Court has not gone into the merits of the Anticipatory Bail Application and all contentions of both the parties are kept open.

(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 14/02/2025 16:21:32