Naganath Jalindar Chopade And ORS. v. The State Of Maharashtra

1 916.136.19 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 136 OF 2019

1. Nagnath Jalindar Chopade

2. Ankush Jalindar Chopade .....Applicants

3. Raghunath Jalindar Chopade

4. Shahaji Sadashiv Kshirsagar V/s.

The State of Maharashtra .....Respondent Mr. Jaydeep D. Mane advocate for the applicant Ms. S. S. Kaushik APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 17, 2019.

P.C.

The learned counsel for the applicants on instructions submits that amount of Rs. 1,00,000/- as against the allegation of damage made against them will be deposited with the Investigating Officer within period of 2 weeks from today. Since the statement is made on instructions same is accepted.

2 916.136.19 aba.doc Considered allegations under sections 353, 430, 427 r/w 34 of the Indian Penal Code.

In view of the aforesaid statement and an assurance on the part of the applicants that they shall not indulge into similar type of offence, in my opinion, custodial interrogation is not warranted. In view thereof, applicants deserve to be granted pre-arrest bail. Hence, following order:

O R D E R

(I) Application is allowed.

(II) In the event of arrest of the applicants in Crime No. 660 of 2018 registered with Tembhurni Police Station, Dist. Solapur, they be enlarged on bail on furnishing P.R. bond in the sum of Rs. 15,000/- each with one or two sureties in the like amount.

(III) Applicants shall co-operate with the investigating agency and shall not influence the witnesses or tamper with evidence.

(IV) If the amount as undertaken is not deposited, the

3 916.136.19 aba.doc protection granted to the applicants shall cease to operate without further reference to the Court. Application stands disposed of.

[NITIN W. SAMBRE, J.]