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Bombay High CourtABA/204/2023disposed off

Krishna Raosaheb Pawar v. State Of Maharashtra

2023-01-23Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 204 OF 2023 Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.01.24 10:44:10 +0530 Krishna Raosaheb Pawar ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Mr. Amit Singh for the Applicant.

Ms. A. A. Takalkar, APP for the State.

Mr. D. V. Mali, PSI, Hill Line Police Station is present. ------------ PRADNYA MAKARAND BHOGALE CORAM : M. S. KARNIK, J.

DATE : JANUARY 23, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for pre-arrest bail in respect of the offence punishable under Sections 381, 411, 414 read with Section 34 of the Indian Penal Code, 1860 in connection with C.R. No.I-301 of 2022 dated 16/08/2022 registered with Hill Line Police Station.

3.

In brief, it is the allegation of the complainant that the maid servant-Surekha Sunil Jadhav had stolen cash of Rs.13 lakhs. Some part of the amount was deposited in the 1/3

account of the present applicant who happens to be her real brother. The complainant filed an affidavit before the Sessions Court stating that an amount of Rs.6,50,000/- has been received by him from the accused No.1 and that sum of Rs.3,40,000/- has been recovered during the investigation from the accused named in the FIR and her brother. In the affidavit it is stated that he does not desire to pursue the case against the accused persons. 4.

Considering the nature of the accusations and the affidavit filed by the complainant, in my opinion, the custodial interrogation of the applicant is not necessary. The applicant is not the one who committed the theft. The accused No.1 has been released on bail. There are no criminal antecedents reported against the applicant. 5.

Hence, the following order :-

O R D E R

(a) Application is allowed.

(b) In the event of arrest in connection with C.R. No.I-301 of 2022 registered with Hill Line Police Station, the applicant-Krishna Raosaheb Pawar shall be released on bail on furnishing P.R. Bond to the 2/3

extent of Rs.15,000/- each with one or more sureties in the like amount.

(c) The applicant shall report to the concerned police station on 28/01/2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called.

(d) The applicant to co-operate with the Investigating Officer.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(f) The applicant shall furnish the details of his residential address and phone number to the investigating officer.

6.

The Anticipatory Bail Application stands disposed of. (M. S. KARNIK, J.) 3/3