Bombay High Court
Amol Gunaji Sonawane vs The State Of Maharashtra And Anr on 6 August, 2021
Bench: S.S. Shinde, N. J. Jamadar
918-ABA1770-2021.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1770 OF 2021
1. Amol Gunaji Sonawane
Age : 45 years, Occupation : Business,
residing at Flat No.203/A, Om Shree
Sai Ram Co-op Housing Society,
Queens Park, Behind Deepak
Hospital, Mira Road (East),
Thane 401 107.
2. Anikta Amol Sonawne
Age : 39 years, Occupation : Business
residing at Flat No.203/A, Om Shree
Sai Ram Co-op Housing Society,
Queens Park, Behind Deepak
Hospital, Mira Road (East),
Thane 401 107. ...Applicants
Versus
1. The State of Maharashtra
Through Kanakia Police Station, Mira
Road (East), Mumbai - 401 107.
2. Offce of Inspector of Police
Banashankari Police Station,
Bengaluru City, Bengalurur - 560 070 ...Respondents
Mr. Meghashyam Kocharekear, a/w Rajesh Devgharkar, i/b
Akshay Kamble, for the Applicants.
Mrs. S. D. Shinde, APP for the State/Respondent.
CORAM: S. S. SHINDE &
N. J. JAMADAR, JJ
RESERVED ON: 4th AUGUST, 2021.
PRONOUNCED ON: 6th AUGUST, 2021
ORDER :-
1. This application for transit anticipatory bail is placed
before this Bench in view of the direction of the Hon'ble the
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Chief Justice to place the reference in Anticipatory Bail
Application No.627 of 2018, made by order dated 5 th April, 2018
(Coram: Revati Mohite Dere, J.) for an authoritative
pronouncement on the following points.
(1) Whether an application for transit anticipatory bail for
a short duration, is maintainable in order to enable the
accused to approach the Court of appropriate jurisdiction
for seeking regular anticipatory bail for a short duration?
(2) Whether the order dated 14th September, 2017 passed
by Gadkari, J. in Anticipatory Bail Application No.1599 of
2017 and other connected applications, on the basis of the
observations made by the Apex Court in an interim order
dated 14th June, 2013 would lay down the law, that an
application seeking transit anticipatory bail is not
maintainable?
(3) Whether the judgment of the Division Bench of this
Court in the case of N. K. Nayar, Director, Hastinapur
Metals Ltd. vs. State of Maharashtra & ors. [1985 Mh.L.J.
450.] is a binding precedent?"
2. The aforesaid reference has been made as in the
Anticipatory Bail Application No.1599 of 2017 and other
connected matters, decided by order dated 14 th September, 2017,
the learned Single Judge of this Court (Coram: A.S. Gadkari,
J.), it has been held that the applications for transit bail are not
maintainable. The reference was necessitated as a Division
Bench of this Court in the case of N. K. Nayar, Director,
Hastinapur Metals Ltd. vs. State of Maharashtra & ors. 1 has
held that the High Court has jurisdiction to grant anticipatory
bail to a person apprehending arrest in offences registered in
1 1985 Mh.L.J. 450.
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another State.
3. Subsequent to the aforesaid reference, other applications,
namely, Anticipatory Bail Application (St) No.3544 of 2020,
Anticipatory Bail Application (St) No. 4756 of 2020 and
Anticipatory Bail Application No 1628 of 2021 are tagged with
Anticipatory Bail Application No.627 of 2018.
4. In the aforesaid backdrop, we have heard Mr. Kocharekar,
the learned Counsel for the applicants and Mrs. Shinde, the
learned APP for the State.
5. Our attention is invited to the notice under Section 41A of
the Code of Criminal Procedure, 1973 ("the Code") issued to the
applicants by the Inspector of Police, Banashankari Police
Station, Bengaluru, directing them to appear at Banashankari
Police Station in connection with the crime registered at CEN
Police Station (South) CR No.81 of 2021, for the offences
punishable under Sections 419, 420, 120-B of the Indian Penal
Code, 1860 ("the Penal Code"), Section 66C and 66D of the
Information Technology Act, 2000, Section 21 of the Banning of
Unregulated Deposit Schemes Act, 2019 and Section 9 of the
Karnataka Protection of Interest of Depositors in Financial
Establishment Act, 2004.
6. Mr. Kocharekar, the learned Counsel for the applicants,
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submitted that the applicants became aware of the registration
of the said crime, after the Bank account maintained with RBL
Bank came to be freezed. The applicants are ready to appear
before the Investigating Offcer and cooperate with the
investigating agency. However, in view of the impugned notice
issued under Section 41A of the Code, there is genuine
apprehension that the applicants would be arrested in the crime
mentioned therein. The applicants intend to work out their
remedies before the jurisdictional Court in Bengaluru.
However, till the time the applicants approach the Courts,
interim protection be granted lest the personal liberty of the
applicants would be jeopardized.
7. We have perused material on record. It appears that the
applicants are the partners of the frm Deco Overseas. The
alleged offences appear to have arisen out of the commercial
transactions. The applicants have shown willingness to appear
before the investigating agency and render the requisite
cooperation. Having regard to the nature of the offences and in
the totality of the circumstances, in our view, the apprehension
on the part of the applicants seem justifable. It would therefore
be expedient in the interest of justice to grant interim transit
bail to the applicants on certain conditions. Hence, the
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following order:
:ORDER:
(i) In the event of the arrest of the applicants in CR
No.81 of 2021, registered with CEN Police Station
(South), Bengaluru, referred to in the notice under
Section 41A of the Code issued by the Inspector of
Police, Banashankari Police Station, Bengaluru -
560070, the applicants be released on interim transit
bail till 27th August, 2021, on executing a personal
bond in the sum of Rs.20,000/- (Rupees Twenty
thousand) each, with one or two sureties in the like
amount.
(ii) The applicants shall appear before the concerned
Investigating Offcer in the said crime on 18 th August,
2021 and thereafter appear before the Investigating
Offcer as and when called for the purpose of
investigation.
(iii) It is hereby made clear that no prayer for extension
of time beyond 27th August, 2021 shall be entertained
on any count whatsoever.
(iv) Tag this application along with Anticipatory Bail
Application No.627 of 2018.
918-ABA1770-2021.DOC
(v) Registry shall communicate this order to the
Inspector of Police, Banashankari Police Station,
Bengaluru - 560070.
(vi) All concerned to act on an authenticated copy of this
order.
[N. J. JAMADAR, J.] [S. S. SHINDE, J.]
