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Bombay High CourtABA/838/2022disposed off

Sandeep Suresh Bakshi v. State Of Maharashtra

2022-03-30Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 838 OF 2022 Sandeep Suresh Bakshi .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. R.M. Upadhyay for the Applicant.

Mr. S.H. Yadav, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 30th MARCH, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant for pre-arrest bail in C.R.No.89/2022 registered at Nalasopara Police Station, for offences punishable under section 379 of the Indian Penal Code.

2.

The Applicant has filed the Application before the learned Sessions Judge, Vasai for pre-arrest bail and had sought interim protection pending hearing of the said Application. The prayer for interim bail has been rejected by the learned Sessions Court, without assigning any reasons.

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3.

The crime has been registered against the Applicant pursuant to the FIR lodged by one Shaila Fernandez for theft of iron rods worth Rs.30,000/-. The FIR was lodged against the unknown persons. Two persons were arrested who have been released on bail on 22nd March, 2022. The Applicant who is a scrap dealer, has allegedly purchased the said iron rods from the said two accused.

4.

Considering the nature of accusations against the Applicant, in my considered view, this is a fit case for grant of pre-arrest bail. Hence, the Anticipatory Bail Application is allowed on following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.89/2022 registered at Nalasopara Police Station, he shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer for four days from 04/04/2022 between 11:00 a.m. to 02:00 p.m.

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(c) 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.

(d) The Sessions Court shall decided the Application on its own merits.

5.

The Application stands disposed of in above terms. PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.04.01 19:20:07 +0530 3/3