ALNESH AKIL SOMJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under sec. 438 of the Code of Criminal Procedure in Crime No. 97 of 2021 registered with Deccan Police Station, Pune City for offence punishable under Sections 406, 420 read with 34 of the Indian Penal Code (the IPC).

(2.) Learned counsel for the applicant submits that the learned Additional Sessions Judge, Pune rejected the anticipatory bail application of the applicant on the ground of maintainability by relying on the judgment given in Sunil Kallani V/s. State of Rajasthan 2021 SCC OnLine Raj 1654 and as also the judgment passed in case of Narinderjit Singh Sahni and Another Versus Union of India and Others (2002) 2 SCC 210 . According to learned Counsel, the learned Additional Sessions Judge erred in giving a restrictive interpretation to the scope of sec. 438 of the Code of Criminal Procedure,1973 (for short, "the Cr.PC. "). Learned counsel also invited my attention to the various observations made in the case of Sushila A Aggarwal and others Versus State (NCT of Delhi) and Another (2020) 5 SCC 1 and would submit that the impugned order being bad in law, same is liable to be set aside.

(3.) Mrs. Shinde, learned APP, on the other hand, supported the impugned order and also placed reliance in case of Narinderjit Singh Sahni (supra).