Yamini R. Kapadia And ORS. v. The State Of Maharashtra

ssm 1 22-aba633.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 633 OF 2019 Yamini Kapadia & Ors.

....Applicants.

Vs.

The State of Maharashtra ....Respondent.

Mr. Samrat Thakker I/by Jaideep Thakker for the Applicants. Mr. Ajay Patil APP, for the Respondent-State. Mr. V.S. Sanap, P.I., EOW, Thane (Rural).

CORAM : A. S. GADKARI, J.

DATE : 27th MARCH, 2019.

P.C.:- The Applicants are apprehending arrest in CR No. 0105 of 2019 dated 15th February, 2019 registered with Kashimira Police Station, Thane (Rural) under Sections 199, 200, 406, 418, 420 of the Indian Penal Code Heard the learned counsel appearing for the Applicant and the learned APP. Perused the record of investigation. The record indicates that, the Applicants are the landlords of the suit property and they have executed power of attorney in favour of M/s. Sanghvi Premises Private Limited on 30th August, 2006 1/3

ssm 2 22-aba633.19.doc for development of the said property. The property was subsequently developed by the said company i.e. M/s. Sanghvi Premises Private Limited. The responsibility to have a clear title and to get necessary permissions was bestowed upon the power of attorney holder. The Applicants are women and are senior citizens. It further appears that, the Applicants have no direct role to play in the present crime. In view of the above, the custodial interrogation of the Applicants for further investigation of the present crime is not necessary.

In view of the above, the Applicants can be protected by pre-arrest bail.

Hence the following order:- a) In the event of arrest in CR No. 0105 of 2019 dated 15th February, 2019 registered with Kashimira Police Station, Thane (Rural), the Applicants shall be released on bail on their furnishing PR bond of Rs. 15,000/- each with one or two separate local sureties in the like amount.

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ssm 3 22-aba633.19.doc b) The Applicants shall not tamper with the evidence and/or pressurize the prosecution witnesses.

c) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3