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Bombay High CourtABA/371/2016anticipatory bail granted

Ganesh Suresh Bhelekar v. The State Of Maharashtra

2017-04-04Hon'Ble Shri Justice A.S. Gadkari3 pages

Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 351 OF 2016 Mayur Nalinkant Shah .. Applicant Vs.

The State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 371 OF 2016 Ganesh Suresh Bhelekar .. Applicant Vs.

The State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 667 OF 2016 Rupesh Suresh Vavare .. Applicant Vs.

The State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1555 OF 2016 Kundan Ashok Raut .. Applicant Vs.

The State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1916 OF 2016 Rahul Tanaji Pisal .. Applicant Vs.

The State of Maharashtra .. Respondent Mr. Shirish Gupte, Sr. Advocate a/w. Mr. Viresh V. Purwant for the Applicant in ABA 351/16.

Mr. Manoj Mohite i/b Vibhuti D. Desai for the Applicant in ABA 371/16 and 667/16.

Mr. Subhash Jha a/w. Mr. Khush Khandelwal i/b Khandelwal Associates for the Applicant in ABA 1555/16.

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Mr. Khush Khandelwal i/b Khandelwal Associates for the Applicant in ABA 1916/16.

Mr. S. K. Shinde, PP a/w. Ms. Sharmila S. Kaushik, APP for the Respondent-State in all matters.

CORAM : A.S. GADKARI, J.

DATE : 4 th APRIL, 2017.

P. C. :

1.

For the reasons recorded separately, Anticipatory Bail Application Nos. 351 of 2016 preferred by Mr. Mayur Shah and 1555 of 2016 preferred by Mr. Kundan Raut and are rejected. For the reasons recorded separately, Anticipatory Bail Application Nos. 371 of 2016, 667 of 2016 and 1916 of 2016 preferred by Ganesh Bhelekar, Rupesh Vavare and Rahul Pisal respectively are allowed in terms of the following order:

(i) In the event of arrest of the applicants, namely, Ganesh Bhelekar, Rupesh Vavare and Rahul Pisal in C. R. No. 330/2015 registered with Nallasopara Police Station, District Palghar, the applicants shall be released on bail on their furnishing PR bond of Rs.25,000/- each with one or two local sureties in the like amount.

(ii) The applicants shall attend the Investigating Officer as and when called for between 11.00 a.m. to 1.00 p.m. till filing of the supplementary charge-sheet and to join the process of investigation. It is needless to mention that, before calling the applicants to the police station, the Investigating Officer shall 2/3

issue a notice under Section 160 of the Criminal Procedure Code and specify the date and aforestated time in the said notice.

(iii)The applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

2.

At this stage, Mr. Gupte, learned Senior Counsel appearing in ABA No. 351 of 2016 submitted that the interim protection granted by this Court on 25.02.2016 may be continued till the reasoned order in the present case is received by his client or for a period of six weeks from today whichever is later.

3.

Mr. Subhash Jha, learned counsel appearing for the applicant Kundan Raut in ABA Nos. 1555/16 submitted that his client intends to question the correctness of the present order before the Hon'ble Apex Court and submitted that the interim protection granted by this Court on 25.02.2016 may be continued till the reasoned order in the present case is received by the applicant or for a period of six weeks from today whichever is later.

4.

In view of the submissions made by Mr. Gupte and Mr. Jha, the Interim relief granted by order dated 25.02.2016 to continue for the period of 6 weeks from today.

[A. S. GADKARI, J.] 3/3