Bombay High Court
Nazhir A. H. Khan vs The State Of Maharashtra on 21 May, 2019
Bench: S. V. Kotwal
1/2 901-ABA-1096-19.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1096 OF 2019 Nazhir A.H. Khan …. Applicant versus The State of Maharashtra …. Respondent ……. • Mr.Ghanshym Upadhyay a/w Mr.Kunal Jha & Ratnesh Mishra i/b. Law Juris, Advocate for Applicant. • Mr.V.B. Konde-Deshmukh, Advocate for State/Respondent. CORAM : SARANG V. KOTWAL, J.
DATE : 21st MAY, 2019 (VACATION COURT) P.C. :
1. The Applicant is seeking he anticipatory bail in connection with C.R.No.180/19 Waliv Police Station, District- Palghar u/s 420, 465, 467, 468, 471 r/w 34 of the Indian Penal code and u/s 3 and 4 of the MPID Act, 1999 and u/s 3, 4 and 13 of MOFA Act, 1963.
2. At the very outset the learned Counsel for the Applicant submitted that the applicant’s Anticipatory Bail Application No.352/19 is pending before the learned Additional Sessions Judge-1, Vasai. Ad-interim prayer for anticipatory bail was rejected by the learned AdditionalNesarikar ::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 03:14:42 ::: 2/2 901-ABA-1096-19.odt Sessions Judge vide his order dated 08/04/2019 and since the matter was getting adjourned from time to time, the applicant approached this Court for relief of anticipatory bail. This court (Coram: R.I. Chagla, J.) vide order dated 08/05/2019 granted interim protection to the applicant till today. The learned Counsel for the Applicant submits that the interim protection granted by this Court earlier vide order dated 08/05/2019 be further extended, so that in case of any adverse order passed by the Sessions Court, he can approach this Court on merits.
3. This is a peculiar situation wherein two applications are pending before two different Courts which have concurrent jurisdiction to decide the same. However, the learned Counsel for the Applicant is today seeking only limited protection till Monday i.e. 27/05/2019.
4. Since this Court has protected the Applicant from 08/05/2019 till today, only on that ground, the interim order passed on 08/05/2019 is extended further till 27/05/2019.
5. Stand over to 27/05/2019.
(SARANG V. KOTWAL, J.)::: Uploaded on – 21/05/2019 ::: Downloaded on – 22/05/2019 03:14:42 :::