PARVEZ BABU KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this application the Applicant has prayed for the relief of interim protection from arrest in connection with C.R No. 114 of 2024, registered at Rabale Police Station, Navi Mumbai, on 07/03/2024, under Ss. 406 and 420 of the Indian Penal Code.

(2.) This is an application only for interim protection because the Applicant has approached the Court of the Additional Sessions Judge, Belapur for the relief under sec. 438 of Cr.P.C. by preferring Criminal Bail Application No. 252 of 2024. That application is still pending. He had preferred an application at Exhibit B in the same bail application for the interim relief which was rejected vide the order dtd. 08/04/2024. Thereafter, the matter was posted on 25/04/2024. Learned counsel for the Applicant states that on that day, arguments of the Applicant's counsel were heard and then the matter was adjourned to 29/05/2024. Roznama shows that the matter is kept on 29/05/2024 for arguments. He submitted that since the Application is still pending, the learned Judge can pass the order either allowing or rejecting the application. But till 29/05/2024, the Applicant will be without protection though his anticipatory bail application is pending.

(3.) As far as the merit of the matter is concerned, the FIR mentions that the Applicant had taken Rs.6.00 lakhs from the informant for giving him two rooms. However, these rooms were not given. The same premises were sold to somebody else. The Applicant returned only Rs.1.00 lakh and the balance amount of Rs.5.00 lakh was not returned.