This Court disposed of an anticipatory bail application as it was filed after dismissal of an earlier restoration application. The Court extended the interim Sessions Court order for two weeks as an indulgence to allow filing the appropriate restoration application.
Interim protection from Sessions Court continued for two weeks.
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903.aba.33-23.doc
PMB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Digitally signed by PRADNYA PRADNYA MAKARAND MAKARAND BHOGALE BHOGALE Date: 2023.01.06 19:11:07 +0530
ANTICIPATORY BAIL APPLICATION NO.33 OF 2023
RANJIT KUMAR GARIB SINGH ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT
Mr. Dilip Shinde for applicant.
Mr. S. V. Gavand, APP for State.
CORAM : M. S. KARNIK, J.
DATE : JANUARY 6, 2023.
P.C. :
1. An application for pre-arrest bail was made by the applicant before the Sessions Court.
2. Learned APP pointed out that on several dates the applicant/his counsel was absent. The application was dismissed for non-prosecution. Instead of applying for restoration the applicant approached this Court for anticipatory bail.
3. It would be appropriate if the applicant approaches the Sessions Court and even learned counsel for the applicant submitted that the application for restoration
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903.aba.33-23.doc
would be made to the Sessions Court. He further submitted that the interim protection granted by the Sessions Court may be continued for some time so as to enable him to make an appropriate application. In the interest of justice, since the applicant was protected by the Sessions Court, only by way of an indulgence, the interim order passed by the Sessions Court to continue for a period of two weeks from today.
4. In the meantime, it is open for the applicant to make an appropriate application for restoration.
5. The Anticipatory Bail Application is disposed of.
(M. S. KARNIK, J.)
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2 issues framed by the court
Whether the anticipatory bail application should be entertained given the dismissal of the restoration application below.
Whether interim protection from the Sessions Court should be extended to facilitate filing the restoration application.
RANJIT KUMAR GARIB SINGH
THE STATE OF MAHARASHTRA
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
