Case Note & Summary
The applicant filed an application seeking interim protection from arrest in connection with FIR No. 114 of 2024 registered at Rabale Police Station, Navi Mumbai, under Sections 406 and 420 of the Indian Penal Code. The applicant had already filed an anticipatory bail application under Section 438 CrPC before the Additional Sessions Judge, Belapur, which was pending. The Sessions Court had rejected the applicant's interim relief application on 08/04/2024 and adjourned the matter to 29/05/2024 for arguments. The applicant approached the High Court for interim protection, arguing that he would be without protection until the Sessions Court decided his bail application. The FIR alleged that the applicant took Rs. 6 lakhs from the informant to provide two rooms but failed to do so, sold the premises to someone else, and returned only Rs. 1 lakh, leaving Rs. 5 lakh unpaid. The applicant contended that he had no intention to misappropriate and would return the amount due to financial constraints. The informant opposed the application. The High Court considered the submissions and found that since the Sessions Court had not yet passed a final order, the applicant was without protection. The court granted interim protection, directing that upon arrest, the applicant be released on bail on executing a PR bond of Rs. 30,000 with one or two sureties. The applicant was also directed to attend the police station every Sunday between 4:00 to 5:00 p.m. until the Sessions Court decided his bail application. The informant was given liberty to file an intervention application before the Sessions Court. The application was disposed of with these observations.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Interim Protection - Section 438 CrPC - Applicant sought interim protection from arrest pending disposal of his anticipatory bail application before Sessions Court - Court held that since the Sessions Court had not yet decided the application and the applicant was without protection, interim protection was warranted - Directed release on bail of Rs.30,000 with sureties and weekly police attendance (Paras 1-6).
Issue of Consideration
Whether the applicant is entitled to interim protection from arrest under Section 438 CrPC while his anticipatory bail application is pending before the Sessions Court.
Final Decision
The High Court granted interim protection from arrest, directing that upon arrest, the applicant be released on bail on executing a PR bond of Rs. 30,000 with one or two sureties. The applicant must attend the police station every Sunday between 4:00 to 5:00 p.m. until the Sessions Court decides his anticipatory bail application. The informant is at liberty to file an intervention application before the Sessions Court. The application is disposed of.
Law Points
- Interim anticipatory bail
- Section 438 CrPC
- Pending anticipatory bail application
- Protection from arrest
- Financial constraints
- Return of amount
