Jatin Shantilal Gala v. The State Of Maharashtra

ssk 1/2 Cri. ABA 510/16-18/11/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 510 OF 2016 Jatin Shantilal Gala ... Applicant vs.

State of Maharashtra and anr.

... Respondents Mr. N. R. Kothari, for the applicant.

Smt. N. S. Jain, A.P.P. for the State/respondent Coram : N. W. SAMBRE, J.

Date : 18th November, 2016 P.C. :

1.

Mr. Kothari, the learned counsel for the applicant upon instructions submits that the applicant shall deposit an amount of Rs.2,00,000/- with the Investigating Officer within a period of two weeks from today. In the background of the allegations made in the F.I.R. against him, the same is accepted as an undertaking. The applicant shall draw a Demand Draft in favour of the Registrar, Judicial, High Court, Bombay, who in turn shall remit the said amount to the Investigating Officer in the present crime. 2.

In the background, the claim of the applicant for grant of pre-arrest bail can be considered.

3.

Perusal of the F.I.R. depicts that out of the matrimonial

ssk 2/2 Cri. ABA 510/16-18/11/16 discord the F.I.R. came to be lodged. Marriage between applicant and complainant took place sometime in the year 2014. From the year 2014 till date instances are narrated in the F.I.R. to demonstrate that the applicant is unemployed and always borrowing money from the friends or the family members of the complainant. In the said background, in my opinion, the custodial interrogation of the applicant is called for. Having accepted the undertaking of the applicant, it will be proper to grant bail to him. In the event of arrest, the applicant be released on furnishing P. R. Bond of Rs.50,000/- with two sureties in the like amount on following conditions :

(i) The applicant shall furnish his mobile phone numbers and permanent place of abode to the Investigating Officer within one week from today.

(ii) He shall attend the Investigating Officer on Monday and Thursday for two consecutive weeks from next week and thereafter as and when called for.

(iii) He shall not tamper the evidence and/or influence the witnesses.

4.

It is made clear that, if the undertaking as given hereinabove not honoured, bail granted to the applicant shall stands cancelled automatically.

[ N. W. SAMBRE, J.]