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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Madhav Jamdar, J.
Ghanashyam Bhagwan Aayeer - Appellant
Versus
State Of Maharashtra - Respondent
Anticipatory Bail Application Stamp No. 17299 of 2021
Decided On : 08-11-2021
Ad-Interim Protection - Anticipatory Bail Application - The court addressed the grievance of the applicant regarding the lack of ad-interim protection granted in the anticipatory bail application, emphasizing that the decision of the learned Additional Sessions Judge should not be influenced by any statements made by the parties.
Fact of the Case:
The applicant raised a grievance regarding the lack of ad-interim protection granted in the anticipatory bail application.
Finding of the Court:
The court addressed the grievance and emphasized that the decision of the learned Additional Sessions Judge should not be influenced by any statements made by the parties. It also directed that the applicant should not be arrested for a period of three working days if the anticipatory bail application is dismissed.
Issues: Grievance regarding lack of ad-interim protection in the anticipatory bail application.
Ratio Decidendi: The court emphasized that the decision of the learned Additional Sessions Judge should not be influenced by any statements made by the parties and directed that the applicant should not be arrested for a period of three working days if the anticipatory bail application is dismissed.
Final Decision: The anticipatory bail application was disposed of with the direction that the applicant should not be arrested for a period of three working days if the application is dismissed.
JUDGMENT
1. Heard Mr.Amit Desai, learned Senior Counsel for the Applicant and Mr.S.R. Agarkar APP for the Respondent-State.
2. The only grievance made by Mr.Desai, learned Senior Counsel appearing for the Applicant is that by order dated 2/11/2021 passed by learned Additional Sessions Judge-14 below Exhibit-1 in Anticipatory Bail Application No.7519 of 2021 although the matter was adjourned to 9/11/2021 no ad-interim protection was granted till that date.
3. Mr.Agarkar, learned APP points out observation in the impugned order that the Applicant has not made out any case for grant of ad-interim protection. However, Mr.Agarkar, learned APP on instructions states that as the matter is kept on 9/11/2021, the Applicant will not be arrested till 9/11/2021. It is made clear that learned Additional Sessions Judge to decide Anticipatory Bail Application No.7519 of 2021 without being influenced by the aforesaid statement.
4. All contentions of both parties are kept open.
5. In case the learned Additional Sessions Judge-14 dismisses the anticipatory bail applicant then the applicant be not arrested for a period of three working days.
6. Anticipatory Bail Application is disposed of in above terms.
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