Neil Somaiya Allowed to Withdraw Petition for Anticipatory Bail by Bombay High Court

Bombay High court Law Insider

Tanvi Pilane

Published on: March 11, 2022 at 11:00 IST

The Petition of Neil Somaiya, the Son of Bhartiya Janta Party (BJP) Leader Kirit Somaiya was allowed to be withdrawn by Justice Bharti Dangre of the Bombay High Court.

Following the statement made by an officer from the Economic Offence Wing (EOW) of the Mumbai Police, the Plea was withdrawn as there was no Complaint at present against Neil Somaiya and therefore no Preliminary Enquiry was being conducted.

The Advocates representing Neil Somaiya withdrew the Plea for Anticipatory Bail as there was no apprehension of Arrest.

The Petition of Neil Somaiya was rejected earlier by the Additional Sessions Judge DL Bhagwat of the Mumbai Sessions Court. While rejecting the Petition the Additional Sessions Judge said,

“Having considered all the Material before this Court and the Oral Contentions on behalf of Somaiya, factual matrix as put forth on behalf of Somaiya before this Court is Vague and No Blanket order can be passed on such vague factual matrix, particularly when no complaint has been made to the Economic Offences Wing (EOW), leave apart Registration of Crime against Somaiya.”

Ashok Mundargi, Somaiya’s Lawyer had sought relief in the form of directions given to the Economic Offence Wing (EOW) to give notice to the Applicant 72 hours before his arrest in the eventuality of a First Information Report (FIR).

In the event of a Criminal Complaint being lodged against him at the insistence of Shiv Sena MP Sanjay Raut, Somaiya said that he had apprehended Arrest.

Also read:

Anticipatory Bail- Section 438, Code of Criminal Procedure

Recent judgements of Anticipatory bail

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