Satish Dattatray Kamble v. The State Of Maharashtra

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 127 OF 2015 Satish Dattatray Kamble ... Applicant vs.

The State of Maharashtra ...

Respondent Mr. Hassnain Kaazi Sayyed, Advocate for the applicant. Mrs. G.P. Mulekar, APP for the State.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 27th March, 2015.

P.C.

This Application is moved for anticipatory bail, as the applicant/accused along with co-accused are prosecuted for the offences punishable under sections 420, 467, 468, 471 and 34 of the Indian Penal Code, which is registered at C.R. No. 135 of 2014 with Vishrambaug Police Station, Pune.

2.

One Mrs. Vaidehi Sunil Kulkarni has given the information to the police that she and her husband wanted to start Engineering College in the name of father of her husband. As they wanted to raise funds to purchase the land and also for the construction of the building, they sold their own land and in the process, they came across Jayshankar Halli and his associates are the applicant/accused and Surendra Pancholi. They promised that they would pay Rs.2,20,000/- if their house is

mortgaged. According the complainant paid Rs.2,20,000/- to Jayshankar Halli, applicant/accused and Surendra Pancholi. Hence, this Application for pre-arrest bail.

3.

The learned counsel for the applicant/accused has submitted that there is variance in the amount mentioned given to Jayshankar Halli, applicant/accused and Surendra Pancholi. At one place, it is mentioned as Rs.2,20,000/- and in other place it is mentioned as Rs.1,80,000/-. He further submitted there is is no evidence against him. He is ready to abide by the conditions imposed by this Court. 4.

The learned APP while opposing the Application, relies on one receipt given by the applicant/accused acknowledging the payment upto Rs.50,000/-.

5.

Perused the FIR. Considering the allegations made and the role attributed to the applicant/accused, I am inclined to grant pre-arrest bail to the applicant/accused on the following terms and conditions:

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, the applicant/accused be enlarged on bail on furnishing P.R. Bond in a sum of Rs.15,000/-

with one surety in the like amount.

(iii) The applicant shall not tamper with the evidence. (iii) The applicant shall not indulge into any criminal activity. (iv) The applicant/accused shall not pressurize the complainant and other persons.

(v) The applicant shall attend the concerned police station on every Monday between 5 pm. to 7 pm. for two months and shall cooperate the investigating officer.

6.

The Application is disposed of on the above terms. (MRS. MRIDULA BHATKAR, J.)