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Bombay High CourtABA/447/2018anticipatory bail granted

Mangaldas Hiraman Mungase And ORS v. The State Of Maharashtra

2018-10-24Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 447 OF 2018

1. Mangaldas Hiraman Mungase

2. Ajit Yashwant Ransingh

3. Nilesh Shyamsundar Rathi ..Applicants v/s.

The State of Maharashtra .

..Respondents Mr. Prashant Subhash Hagare for the Applicant. Mr. S.R.Agarkar, APP for the State.

CORAM : ANUJA PRABHUDESSAI,J.

DATED : OCTOBER 24, 2018.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid applicants apprehending their arrest in C.R.No. 66 of 2017 registered with Bigwan Police Station, Taluka Indapur for offences under Section 420, 464, 465, 466, 468, 471 of IPC. 2.

Heard Mr. Hagare, the learned Counsel for the applicants and Shri Agarkar, the learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

3.

The aforesaid crime was registered pursuant to the FIR lodged by Narendra Suryaji Gaikwad. The records reveal that by order dated 8th march, 2018, this Court (Coram P.N.Deshmukh, J.), by detail order granted interim bail to the present applicants. The applicants herein were directed to report to the Investigating Officer. The learned Counsel for the applicants submits that pursuant to the said order the applicants have reported to the Investigating Officer and they have already been interrogated.

4.

The learned APP also concedes that the investigation is concluded and that the charge sheet will be filed within a period of 8-10 days.

5.

Considering the above facts and circumstances, the presence of the applicants is no longer required for the purpose of custodial interrogation. The applicants are permanent residents of Pune. There are no chances of the applicants absconding or thwarting the course of justice. The applicants have no criminal antecedents. 6.

Considering the above facts and circumstances, the application is granted on following terms and conditions:- (i) In the event of arrest of the abovenamed applicants in Crime

No.66 of 2017 registered with Bigwan Police Station, Taluka Indapur, the applicants be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) each with one or two solvent sureties in the like amount;

(ii) The applicants shall provide their permanent as well as temporary address, if any, and their contact details to the Investigating Officer;

(iii) The applicants shall not change their residential address without prior intimation to the Investigation Officer; (iv) The applicants shall not interfere with the complainant and the other witnesses in any manner.

(ANUJA PRABHUDESSAI, J.)