Rajendra Nihalchand Surana vs The State Of Maharashtra And Ors
2022 Latest Caselaw 8289 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPLICATION NO.237 OF 2022


Rajendra Nihalchand Surana                                ..     Applicant

                        Versus

The State of Maharashtra & Ors.                           ..     Respondents


                                            ...

Mr.Prashant Pandey with Mr.Irfan Unwala, Ms.Harshita Shroff
i/b W3LEGAL LLP for the Applicant.
Ms.A.A.Takalkar, A.P.P. for the State/Respondent.
API Vinayak Desure attached to Housing-1, EOW, Mumbai,
present.
                                            ...

                          CORAM: BHARATI DANGRE, J.

DATED : 23rd AUGUST, 2022

P.C:-

1. Learned counsel Mr.Pandey for the applicant would

submit that the learned Judge while releasing the

applicants/accused on bail erred in invoking the

pronouncement of the Hon'ble Apex Court in the case of

Amitbhai Anilchandra Shah Vs. Central Bureau of

Investigation & Anr.1 and also misconstrued the judgment of

1 (2013) 6 SCC 348

M.M.Salgaonkar

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the Hon'ble Apex Court in the case of T.T.Antony Vs. State of

Kerala & Ors.2. He submits that the conspectus of the two

subject C.Rs. being completely distinct, merely on the ground

that the second FIR is not maintainable, the order could not

have been passed.

Before I issue notice to the applicants/accused, I deem it

appropriate to direct the learned APP to place before me the

two FIRs and also point out the distinguishing features in the

two.

2. List the application on 16/09/2022.

( SMT. BHARATI DANGRE, J.)

2 MANU/SC/0365/2001

M.M.Salgaonkar