Gautam Madan Madrecha v. The State Of Maharashtra And ORS.
Tauseef
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.520 OF 2023 1.
Ashwini Prathmesh Tanna, 2.
Rohini Manohar Bare.
...Applicants
Versus
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.688 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.520 OF 2023 Gautam Madan Madrecha ...Intervener In the matter between :- 1.
Ashwini Prathmesh Tanna, 2.
Rohini Manohar Bare.
...Applicants
Versus
The State of Maharashtra
...Respondent
---------- Mr. Sagar Rane for Intervener.
Mr. Sunny Waskar for the Applicants.
Mr. S. V. Gavand, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 23, 2023
P.C. :
1.
The applicant no.1 is the sister of Shital Bare, who has been released on bail by order dated 5th January 2023, passed by this Court in Bail Application No.3066 of 2022. The affidavit cum undertaking has been filed in Bail Application No.3066 of 2022 which the applicant-Shital Bare had agreed to abide by. The applicant-Shital Bare is the main accused against whom accusations are made by the complainant. She has been released on bail. The applicants are related to her. Moreover, Shital Bare has filed an affidavit cum undertaking dated 21st February 2023 in these proceedings, statements made therein are accepted as an undertaking to this Court.
2.
Learned APP opposed the application. It is submitted that the receipts and ticket copies need to be recorded. It is further submitted that the Hawala transaction/heavy cash deposit needs to be investigated. 3.
In my opinion, as the accusations are mainly against Shital Bare who was associated with the complainant and as the applicants are relatives of Shital bare, the custodial interrogation of the present applicants is
not required.
4.
The applicants are willing to co-operate with the investigation. Hence, the following order.
O R D E R
(a) The application is allowed.
(b) In the event of arrest of the applicants in connection with FIR No.213 of 2021 dated 13th April 2021 registered with Borivali Police Station, the applicants be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount;
(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;
(d) The applicants shall attend the concerned Police Station on 27th February 2023 and 28th February 2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called for.
5.
The anticipatory bail application is disposed of. (M. S. KARNIK, J.)