Full Judgement
Bombay High Court
Ashish Shah vs State Of Maharashtra And Anr on 8 February, 2022
Bench: S.S. Shinde, N. R. Borkar
Digitally signed by
LAXMIKANT LAXMIKANT
GOPAL GOPAL CHANDAN
CHANDAN Date: 2022.02.08
13:32:34 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.186 OF 2022
Ashish Shah : Applicant.
Versus
State of Maharashtra and anr. : Respondent.
Mr. Alankar Kirpekar i/by VMK Legal for the Applicant.
Mr. V B Konde-Deshmukh, APP for the Respondent/State.
CORAM : S. S. SHINDE,
N. R. BORKAR, JJ
DATE : 08th FEBRUARY 2022
P.C.
1 This Application is filed by the applicant seeking transit
anticipatory bail for a period of six weeks. The applicant is apprehending his
arrest in C.R. No.258 of 2021 registered at Raipur Police Station (Thana City
Kotwali, Raipur) State of Chattisgarh for the offences punishable under
sections 420, 467, 468, 471, 409, 120B of the Indian Penal Code and 66B of I.
T. Act, 2000. The Applicant has received a notice under section 41A of the
Criminal Procedure Code and is asked to appear before the concerned
Investigating Officer in the aforesaid C.R. 258 of 2021
2 It is submitted that a limited protection may be granted to the
applicant so as to enable him to cause appearance before the concerned police
officer in response to the notice received by the applicant under section 41A of
the Code of Criminal Procedure and to approach the jurisdictional court for
anticipatory bail. In support of the contention that, this Court can grant transit
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anticipatory bail for a limited period, the learned Counsel appearing for the
applicant pressed into service unreported Judgments/Orders of this Court in
Amol Gunaji Sonawane & another vs. The State of Maharashtra & another 1 ,
Neeraj Shyam Sahay vs. The State of Maharashtra & others 2 , Kawal Chamanlal
Sharma vs. The State of Maharashtra & another 3, Nikita Jacob vs.The State of
Maharashtra4, Shantanu Shivlal Muluk vs. The State of Maharashtra5, Javed
Anand & another vs. State of Gujarat & another 6 a reported judgment in the
case of N.K. Nayar and others vs. State of Maharashtra & others 7, and Nikhil
Premraj Kalapadan and ors vs State of Maharashtra & anr. 8
3 Learned APP fairly states that this Court had an occasion to
consider similar prayers in the aforesaid cases and this Court had granted
limited relief granting protection for specified period.
4 Heard the learned Counsel appearing for the applicant and the
learned APP appearing for the Respondent - State. We have carefully perused
the averments in the application so also various orders passed by this Court,
which are placed on record by the learned Counsel appearing for the
applicants, granting transit anticipatory bail for a limited period. The learned
1 Cr.ABA No.1770 of 2021 order dated 6th August, 2021.
2 Cr.ABA No.397 of 2021 with Cr.ABA No.399 of 2021 order dated 12.2.2021
3 Cr.ABA St. No.3041 of 2020 order dated 10th December, 2020
4 Cr.ABA No.441 of 2021 decided on 17th February, 2021
5 ABA No.154 of 2021 decided on 16th February 2021 (Aurangabad Bench)
6 ABA No.627 of 2018 order dated 5th April 2018
7 1985 Cr.LJ 1887
8 Cr.ABA No.137 of 2022 order dated 27th January 2022.
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counsel appearing for the applicant submits that no allegations are made
against the present applicant in the FIR being CR No.258 of 2021.
5 We have also perused the FIR No.258 of 2021 annexed to the
Application at page 23A of the paper book. In the peculiar facts and
circumstances of this case, we are inclined to allow the application thereby
granting three weeks protection to the applicant. Hence, the following order:
ORDER
(i) In the event of the arrest of the applicant in relation to C.R.
No.258 of 2021 registered at Raipur Police Station (Thana City Kotwali,
Raipur) State of Chattisgarh, the applicant shall be released on interim transit
bail for a period of three weeks i.e., till 01 st March 2022 on executing a
personal bond in the sum of Rs.20,000/- (Rupees Twenty thousand) with one
surety in the like amount.
(ii) The applicant shall appear before the concerned Investigating
Officer in connection with the aforesaid C.R. No.258 of 2021 on 16 th February,
2022 and thereafter appear before the Investigating Officer as and when called
for the purpose of investigation.
(iii) It is hereby made clear that no prayer for extension of time beyond
01st March 2022 shall be entertained on any count whatsoever.
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(iv) Registry shall communicate this order to the Inspector of Police,
Raipur Police Station (Thana City Kotwali, Raipur) State of Chattisgarh.
(v) Tag this Application alongwith Anticipatory Bail Application
No.627 of 2018.
6 All concerned to act on an authenticated copy of this order.
[N. R. BORKAR, J] [S. S. SHINDE , J]
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