Case Note & Summary
An application for interim protection from arrest filed by an Applicant in connection with a criminal case registered at Rabale Police Station, Navi Mumbai. The Applicant sought relief due to an ongoing anticipatory bail application pending before the Additional Sessions Judge, Belapur. The court granted interim protection, allowing the Applicant bail upon arrest until the final decision on the bail application, under specified conditions.
1. BackgroundThe Applicant applied for interim protection from arrest in relation to C.R. No. 114 of 2024, involving Sections 406 and 420 of the Indian Penal Code.
2. Pending Anticipatory Bail ApplicationThe Applicant had previously filed Criminal Bail Application No. 252 of 2024 before the Additional Sessions Judge, Belapur, seeking anticipatory bail. The court had not yet decided on this application, leading the Applicant to seek interim protection.
3. Allegations in the FIRThe FIR alleged that the Applicant received Rs. 6 lakhs from the informant for two rooms but did not provide the rooms as promised. The premises were subsequently sold to someone else, with only Rs. 1 lakh returned to the informant.
4. Applicant's DefenseThe Applicant's counsel argued that financial constraints prevented immediate repayment of the remaining Rs. 5 lakhs, asserting that there was no intention to misappropriate funds and promising to repay the amount soon.
5. Prosecution's OppositionThe prosecutor opposed the interim protection citing the details of the FIR and the presence of the informant in court.
6. Court's DecisionConsidering the pending nature of the anticipatory bail application and the absence of protection until the next hearing date, the court decided to grant interim protection to the Applicant until the decision on the bail application. The court imposed conditions, including a personal recognizance bond and weekly visits to the police station.
7. OrderThe court ordered:
The Applicant shall be released on bail upon arrest, pending the decision on Criminal Bail Application No. 252 of 2024, on executing a personal recognizance bond of Rs. 30,000 with sureties. The Applicant shall visit the police station every Sunday. The informant was permitted to file an intervention application in the bail proceedings. 8. ConclusionThe court disposed of the application with these observations, balancing the Applicant's right to interim protection with the rights of the informant and the pending judicial process.
Issue of Consideration: Parvez Babu Khan Versus The State of Maharashtra
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