Abhijeet Dhondiba Sawant vs the State of Maharashtra and Anr. — Anticipatory Bail | Bombay HC (2024)

Abhijeet Dhondiba Sawant vs the State of Maharashtra and Anr. — Anticipatory Bail | Bombay HC (2024)

What the court decided

AI extract

Outcome

Interim directions only: leave to amend the prayer and title granted, to be carried out forthwith; notice issued to Respondent No.2 returnable on 15.02.2024; matter stood over to 15/02/2024. The application for restoration of anticipatory bail remains pending, the applicant being already in custody.

Issue for consideration

Whether the earlier anticipatory bail order (granted 22.06.2022) should be restored and the subsequent order dated 22.12.2023 cancelling the anticipatory bail should be set aside. +1 more

Ratio / Principle

Leave granted to amend the prayer and the title of the application; the amendment to be carried out forthwith.

Key takeaways

Because the anticipatory bail order was cancelled at the behest of Respondent No.2, it is necessary to hear Respondent No.2 before deciding the application; the Court noted the applicant is already in custody.ratio¶18
Notice ordered to be issued to Respondent No.2, returnable on 15.02.2024, and the matter stood over to 15/02/2024; no decision rendered on the merits of restoration of anticipatory bail at this stage.ratio¶21

Detailed headnote1 paragraphs

Interim order of the Bombay High Court (Criminal Appellate Jurisdiction), Sarang V. Kotwal, J., dated 19 January 2024, in Criminal Application No. 35 of 2024 filed by Abhijeet Dhondiba Sawant. The application, arising out of C.R.No.263 of 2022 of Shahupuri Police Station, Kolhapur (offences under Sections 406 and 420 IPC and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999), sought restoration of the anticipatory bail granted on 22.06.2022 by the learned Additional Sessions Judge, Kolhapur, and setting aside of that Court's order dated 22.12.2023 cancelling the bail for breach of imposed conditions. Per counsel, the cancellation was secured at the behest of Respondent No.2, and the applicant stands arrested in a different offence. The Court granted leave to amend the prayer and title forthwith, held it necessary to hear Respondent No.2 before deciding the application, issued notice to Respondent No.2 returnable on 15.02.2024, and stood the matter over to 15/02/2024, noting the applicant is already in custody. No ruling was given on the merits.

21-apl-35-24

1 of 2

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 35 OF 2024

Abhijeet Dhondiba Sawant ..Applicant Versus The State of Maharashtra & Anr. ..Respondents

Mr. Umesh H. Pawar a/w. Sagar Sonawane for Applicant. Ms. Mahalakshmi Ganapathy, APP for State/Respondent.

CORAM :- SARANG V. KOTWAL, J. DATE :- 19 JANUARY 2024

P.C. :-

Leave to amend to correct the prayer and the title. Amendment to be carried out forthwith.

This is an application filed by the applicant in connection with C.R.No.263 of 2022, registered at Shahupuri Police Station, Kolhapur, under Sections 406 and 420 of the Indian Penal Code and under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.

Learned Additional Sessions Judge, Kolhapur, vide the order dated 22.06.2022 had granted anticipatory bail to the

VINOD BHASKAR GOKHALE

Digitally signed by VINOD BHASKAR GOKHALE Date: 2024.01.22 13:16:44 +0530

2 of 2 21-apl-35-24

applicant on certain conditions. Subsequently, the same Court vide the order dated 22.12.2023 cancelled that bail for committing breach of the conditions imposed on him. Therefore, the present application is filed for restoration of the earlier anticipatory bail order and for setting aside the later order cancelling the anticipatory bail.

Learned counsel for the applicant submitted that, as of today, the applicant is arrested in a different offence. The anticipatory bail order granted to him was cancelled at the behest of the Respondent No.2 who had preferred an application for cancellation of bail.

Considering this situation, it is necessary to hear the Respondent No.2. The applicant is already in custody.

Hence, the following order.

O R D E R

i) Issue Notice to the Respondent No.2, returnable on 15.02.2024.

ii) Stand over to 15/02/2024.

(SARANG V. KOTWAL, J.)