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Bombay High CourtABA/62/2017others disposed off

Binoy Thomas Joseph And ORS v. State Of Maharashtra

2018-01-08Hon'Ble Shri Justice A.S. Gadkari2 pages

10 aba 62-17= .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 62 OF 2017 Mr. Binoy Thomas Joseph & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents ----- Mr. M.S. Mohite i/b Manoj Mhambrey for the Applicant. Mr. S.S. Hulke, APP for the Respondent/State. Mr. S.S. Karmarkar for Respondent No.2.

CORAM : A.S.GADKARI, J.

DATE : 8th JANUARY, 2018 P.C.:

.

By an Order dated 13.01.2017, the Applicants were granted interim relief. By a subsequent Order dated 12.10.2017, the Applicants were directed to deposit the amount alleged in the first information report in the Registry of this Court. The learned Counsel for the Applicants submitted that the Applicants have complied with the Order dated 12.10.2017 and have deposited a sum of Rs.16,66,000/- in the Registry of this Court. Applicant No.1 is the husband and Applicant Nos. 2 and 3 are in-laws of the first informant Smt. Mamatha Thomas. In view of the above and in view of the ratio laid down by the Supreme Court in the case of Arnesh Kumar v/s. State of Bihar, reported in AIR 2014 Supreme Court, 2756, the Applicants are entitled to be protected by pre-arrest Sneha Chavan 1/2

10 aba 62-17= .doc bail.

Interim relief granted by Order dated 13.01.2017 is hereby confirmed, however the condition to attend/report to the concerned Police Station is waived. Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2