Darshan

9 ABA-3381-22 10 ABA-3384-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 3381 OF 2022

Goldie Sud

...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH

ANTICIPATORY BAIL APPLICATION NO. 3384 OF 2022

Inderjeet Singh Chadha @ Supremo Singh Chadha

…Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Goldie Sud applicant in person.

Mr. Shreeram Shirsat for applicant in ABA No. 3384/2022.

Mr. S.V. Gavand, APP for State.

Mr. Kumbhare PSI, Khar Police Station is present.

CORAM:

M. S. KARNIK, J

DATED:

DECEMBER 6, 2022

PC:-

1.

Heard party in person in ABA No. 3381 of 2022 and learned

counsel for the applicant in ABA No. 3384 of 2022.

2.

These are applications for pre-arrest bail in respect of an

offence allegedly committed under sections 380, 341, 427, 120-B

of Indian Penal Code, 1860 in connection with C.R. No. 1286 of

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2022 registered with Khar Police Station. The First Information

Report came to be registered on 20/11/2022.

3.

My attention was invited to the order dated 24/11/2022

passed by the Trial Court which reads thus :-

“Perused the application and the documents filed alongwith

it.

2. Heard learned counsel for the applicant. The learned

APP submits that he received a copy of the application

today onlyy, and wants time to file reply. He further

submits that in order to decide the present applicant in

proper prospective, filing the reply is necessary. The

counsel for the applicant has prayed for ad-interim relief.

Having regard to nature of the crime, way of occurrence of

the incident as coming out from the contents of the FIR, I

am of the view that before granting any relief to the

applicant, it is necessary to have on record reply of the

prosecution. Consequently, I am of the view that no case

is made out for grant of ad-interim anticipatory bail. Hence,

prayer of granting ad-interim anticipatory bail is rejected.”

4.

Learned APP on instructions fairly pointed out that even

before the notice under section 41A of the Code of Criminal

Procedure, 1973 (hereafter ‘Cr.P.C.’, for short) is issued, the

applicants approached to the Trial Court for grant of pre-arrest bail.

Learned APP submits that notice under section 41A would be issued

by the investigating officer.

5.

Considering that the notice is to be issued, applicants’ stand

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would obviously be covered the law laid down by the Supreme

Court in the case of Satender Kumar Antil vs. CBI¹ and the

standing order of the Director General of Police vide direction no. 3

of 2022 dated 20/07/2022. The notice under section 41A of Cr.P.C.

would be taken to its logical consequences. Since the main

application is pending before the Sessions Court, this aspect will be

brought to the notice of the Trial Court about the issuance of notice

under section 41A, whereupon the Trial Court may pass the

appropriate orders.

6.

Since the applicants are protected in view of the stand taken

by the learned APP that the notice under section 41A of Cr.P.C.

would be issued, the apprehension of the applicants really does not

survive.

7.

Applications are disposed of.

(M. S. KARNIK,J.)

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2022 SCC online SC 825

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