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2021 Supreme(SC) 420

Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner(s):Dinesh Tiwari, Jaikriti S. Jadeja, Ansh Karnawat, Advocates
For the Respondent(s):Rahul Chitnis, Sachin Patil, Aaditya A Pande, Geo Joseph, Jitendra Kumar, R.R. Deshpande, Prachiti Deshpande, Priyanka Deshpande, Nitil Lonkar, Sonali Suryawanshi, Shankey Agrawal, Advocates

JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. This batch of four appeals involves similar issues and were heard together. The first two appeals arise out of an order dated 18 December 2017 of a Single Judge of the High Court of Judicature at Bombay by which two anticipatory bail applications under Section 438 of the Code of Criminal Procedure 1973 (“CrPC”) were allowed.

2. The details of these applications are:

    (i) Anticipatory Bail (Application) No 1971 of 2016 moved by Nilesh Dayanand Chumble; and

    (ii) Anticipatory Bail (Application) No 85 of 2017 moved by Mayur Jayantilal Anam.

3. The order passed by the High Court on the above applications under Section 438 of the CrPC has been questioned by the complainant in the appeals arising out of the first two Special Leave Petitions1[SLP (Crl) No 3155 of 2018; and SLP (Crl) No 3156 of 2018] under Article 136 of the Constitution. In the remaining two appeals (arising out of Special Leave Petitions2[SLP (Crl) No 2617 of 2018; and SLP (Crl) No 2628 of 2018]) the Single Judge of the High Court has on 18 December 2017 followed the order granting anticipatory bail in the two applications noted above and disposed of the complainant’s challenge to th


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