Bombay high court
MUMBAI: On Tuesday, in view of the current pandemic, the Bombay high court granted transit anticipatory bail to three accused named in a FIR registered in Rewari, Haryana. It was a case of alleged cheating and criminal conspiracy registered in February.
Whilst an application for anticipatory bail is ordinarily required to be filed in the court of local jurisdiction where the FIR is registered, in the given circumstances, the accused who reside in Mumbai, were unable to either visit Haryana said their lawyers Omkar Mulekar, Nausher Kohli and Harsh Gokhale seeking transit protective orders arguing that they would be unable anytime soon to travel from Mumbai given the Covid-19 outbreak.
The HC bench of Justice S K Shinde granted them six weeks’ protection against any arrest till they approach a court in Haryana to seek regular pre-arrest bail.
Court further noted that the accused are permanent residents of Mumbai and two of them are senior citizens.
The in-charge police station Bharuheda issued a notice under section 41(1) of the Criminal procedure code directing the trio to remain present on June 9 along with Covid-19 test reports at Dehradun. Apprehending their arrest in view of the notice, they approached the HC for protective orders.
The HC granted them pre-arrest bail in terms of a PR bond of Rs 25,000 each.
“Prima-facie, it appears,’’ that the offence was registered after cheques were issued by the applicants as directors of a company against purchase orders placed by them with the complainant company.
“Considering the facts of the case and prevailing situation,’’ the Judge said he was satisfied that they cannot approach Court of competent jurisdiction immediately for appropriate reliefs.