Rashmin T. Rughani v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.704 OF 2021 Rashmin T. Rughani ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

...

Mr. Vishal Thaker with Ms Anjali Trivedi for the Applicant. Mr. S.H. Yadav, APP for Respondent No.1-State. None for Respondent No.2.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 27th JUNE, 2023.

P. C. :- 1.

The Applicant apprehends his arrest in MECR No.23 of 2021 dated 11/01/2021 registered with Borivali Police Station, Mumbai, for the offences punishable under Sections 120 B, 165, 166, 167, 182, 188, 191, 192, 193, 197, 198, 199, 200, 406, 420, 465, 467, 468, 471, 504 and 506 (II) r/w. 34 of the IPC. 2.

A perusal of the FIR prima facie reveal that the dispute is of civil nature. The suit filed by the Applicant against the owners of the property including the First Informant, who is a constituted attorney is pending before the civil court.

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3.

Considering the nature of accusations, this Court by order dated 15/03/2021 granted interim protection to the Applicant. Learned APP states that the Applicant has cooperated with the investigation and that the charge-sheet will be filed within two weeks. 4.

In view of the above, presence of the Applicant is not required for custodial interrogation. Hence, the application is allowed on the following terms and conditions:- (i)In the event of arrest of the Applicant in MECR No.23 of 2021 dated 11/01/2021 registered with Borivali Police Station, Mumbai, he shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- with one or two sureties to the like amount;

(ii)The Applicant shall report to the concerned Investigating Officer as and when required by the Investigating Officer for the purpose of investigation;

(iii)The Applicant shall not tamper with the prosecution evidence and or influence the 2/3

witnesses in any manner;

(iv)The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and /or change of residence or mobile details, if any, from time to time.

5.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3