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Bombay High CourtABA/104/2015anticipatory bail granted

Mahipal Manaji Purohit v. The State Of Maharashtra

2015-02-10Hon'Ble Shri Justice P.D. Kode2 pages

5_aba_104_15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL ANTICIPATORY BAIL APPLICATION NO.104 of 2015 Mahipal Manaji Purohit ... Applicant Vs The State of Maharashtra ... Respondent Mr. Prakash Naik i/b Tribhuvan Upadhyay for the Applicant.

Mrs. A.A. Mane, APP for the Respondent -State. Mr. Anil B. Havre, API, Kasturba Marg Police Station, present. CORAM: P.D. KODE, J.

DATED: FEBRUARY 10, 2015.

P.C:

For the detailed reasons recorded in the order dated 23.1.2015 and paramountly the money being advanced in the year 2004, the first informant's statement being recorded in the year 2012 and FIR being recorded four months thereafter and primarily transaction being of a civil nature direction of an ad-interim prearrest bail was granted in favour of the Applicant. In pursuance of the notice of the application served prosecution has filed its reply. 2.

Learned APP has submitted that the Applicant is not cooperating with the investigating agency. The perusal of the reply does not reveal any sound reason repelling the reason for Megha 1 of 2

5_aba_104_15.doc which pre-arrest bail granted in favour of the Applicant. Resultantly, there appears no necessity of the custodial interrogation of the Applicant for the purposes of completion of investigation as the I.O. is well aware of all the facets relevant to the crime in question.

3.

Resultantly, in the event of the applicant's arrest in C.R. No.380 of 2013, registered with Kasturba Marg Police Station, District Mumbai he be released on bail on his furnishing P.R. Bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one or two solvent sureties to make up like amount, subject to conditions that the applicant shall (i) staying at the address mentioned in the application and shall not change the same without permission of the Court; (ii) attending the I.O. as and when summoned by him.; (iii) not, directly or indirectly, making any inducement, threat or promise to persons acquainted with the facts of the accusation against him so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iv) not misusing the protection granted vide this order for fleeing away or for committing any further offence.

4.

The application accordingly stands disposed of. (P.D. KODE, J.) Megha 2 of 2