← Library
Bombay High CourtABA/465/2015anticipatory bail granted

Ritesh Balkrishna Shetty v. The State Of Maharashtra

2015-05-06Hon'Ble Justice Revati Mohite Dere4 pages

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.465 OF 2015 Ritesh Balkrishna Shetty ...

Applicant V/s.

The State of Maharashtra ...

Respondent WITH CRIMINAL APPLICATION NO.362 OF 2015 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO.465 OF 2015 Surendra D. Shetty ...

Intervener In the Matter between Ritesh Balkrishna Shetty ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.Vinay J. Bhanushali, for the Applicant.

Mr.Y.M.Nakhwa, APP for the Respondent - State. Mr.S.B.Pawar a/w Mr.Ravi Kotian i/b Mr.Jay Shah, for the Intervener. PSI - K.V.Galande, Parksite Police Station.

CORAM :

REVATI MOHITE DERE, J.

DATED :

6th MAY, 2015.

P.C.

1.

Heard the learned counsel for the Applicant, the learned APP for the

2/4 State and the learned counsel for the intervener. 2.

By this application, the Applicant seeks pre-arrest bail in connection with C.R.No.119 of 2015 registered with the Parksite Police Station, Mumbai, for the alleged offences punishable under Sections 420, 465, 467, 468, 471 r/w 120-B of the Indian Penal Code. 3.

The learned counsel for the applicant had made a statement on 30th April, 2015, that the applicant will deposit a sum of Rs.2 crores in installments and that he will file an affidavit indicating the details of installments to be paid on the next date. Today, the learned counsel for the Applicant has tendered an undertaking of the applicant dated 6th May, 2015. The same is taken on record and marked 'X' for identification. In the said undertaking, the applicant undertakes to deposit an amount of Rs.1 crore 50 lakhs with the Registrar of this Hon'ble Court on or before 30th June, 2015 ; and further undertakes to deposit an amount of Rs.50 lakhs with the Registrar of this Hon'ble Court, on or before 31st July, 2015. 4.

In view of the undertaking given by the applicant, to deposit a sum of Rs.2 crores, the learned counsel for the intervener has no objection, if

3/4 the application is allowed.

5.

Only in view of the said undertaking given today by the applicant, the application is allowed and the applicant is granted pre-arrest bail, on the following terms and conditions :- ;

ORDER

i) In the event of arrest, the Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount ; ii) The Applicant shall attend the Parksite Police Station, Mumbai, as and when called for by the Investigating Officer.

6.

The Application is allowed and disposed of in above terms. 7.

It is made clear, that this Court has not gone into the merits of the said matter. The said application is allowed only in view of the undertaking given by the applicant, to deposit an amount of Rs.2 crores and the no objection given by the learned counsel for the complainant/intervener, in view of the applicant's undertaking.

4/4 8.

The amounts so deposited shall be invested by the Registrar in Fixed Deposits of a nationalized Bank in the name of the Registrar, Bombay High Court, initially for a period of one year and which may be renewed from time to time.

9.

The said amount is being deposited by the applicant, without prejudice to his rights and contentions.

10.

It is made clear that if there is non-compliance of the aforesaid undertaking, with regard to deposit of the amounts as set out in the undertaking, the applicant's application for anticipatory bail will come to an end.

11.

In view of the disposal of the Anticipatory Bail Application No.465 of 2015, the Intervention Application being Criminal Application No.362 of 2015 does not survive and the same is also disposed of 12.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)