Shashikant Shrimant Kharat v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.566 OF 2017 Shashikant Shrimant Kharat ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.K.U.Nikam, for the Applicant.

Ms.P.N.Dabholkar, A.P.P. for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 3rd APRIL, 2017 P.C. :

1.

Learned counsel for the applicant seeks leave to amend. Leave granted. Amendment to be carried out forthwith. 2.

Heard learned counsel for the applicant and learned APP for the Respondent - State.

3.

By this application, the applicant seeks interim pre-arrest bail

2/4 in connection with C.R.No.98 of 2017 registered with the Shivaji Nagar Police Station, Pune for the alleged offences punishable under Sections 452, 419, 420, 506, 504, 323 of the Indian Penal Code and under Sections 66(K) and 66(D) of the Information Technology Act. 4.

Without going into the merits of this case and without prejudice to his rights and contentions, the applicant is granted interim protection, pending the final disposal of his application being Criminal Miscellaneous Application No.1021 of 2017, pending before the learned Sessions Judge, Pune, only in view of the statement made by the learned counsel for the applicant, on instructions, that the applicant without prejudice to his rights and contentions is ready to deposit a sum of Rs.8 lakhs, in the Registry of the trial Court, within two weeks from today. The said statement is accepted.

5.

Accordingly, the applicant without prejudice to his rights and contentions, to deposit a sum of Rs.8 lakhs, in the Registry of the trial Court, within two weeks from today.

3/4 6.

In view of the aforesaid statement made by the learned counsel for the applicant, on instructions, the applicant is granted interim prearrest bail, for a period of two weeks, 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.15,000/- with one or two sureties in the like amount.

7.

The application is accordingly disposed of on aforesaid terms.

8.

The learned Judge shall hear the application of the applicant being Criminal Miscellaneous Application No.1021 of 2017, after the said amount is deposited by the applicant within 2 weeks from today. If the said amount is not deposited by the applicant within the aforesaid time, the learned Judge shall proceed to hear the main application on merits. The learned Judge after hearing the parties shall also decide whether the applicant be permitted to withdraw the said amount and pass appropriate orders thereon.

4/4 9.

It is made clear, that the application has not been considered on merits and the learned Judge shall decide the application on its own merits. (REVATI MOHITE DERE, J.)