LAWS(SC)-2009-4-76

DALIP BABULAL TAPADIA Vs. STATE OF MAHARASHTRA

Decided On April 09, 2009
DALIP BABULAL TAPADIA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against order dated 21st July, 2008 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 874 of 2008. By the impugned order, the High Court has declined to extend to the appellant the protection of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in FIR No. 48 of 2008, filed in Deccan Police Station, Pune under Sections 420, 467, 468, 471 read with Sections 34 and 511 of the Indian Penal Code. By virtue of the said order, the High Court had directed the appellant to surrender before the Trial Court by 31st July, 2008.

(3.) When the matter came up before the learned Chamber Judge on 6th August, 2008, application filed by the appellant for exemption from surrendering was dismissed as not maintainable as the appellant had only been denied the privilege of anticipatory bail.