Gaurav Suryakant Shah v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 724 OF 2019 Mr. Gaurav Suryakant Shah .Applicant ...

v/s.

The State of Maharashtra .Respondent ...

ALONGWITH CRIMINAL APPLICATION NO. 612 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO. 724 OF 2019 Smt. Jasmine Gaurav Shah ...Applicant/ Intervener

IN THE MATTER BETWEEN :

Mr. Gaurav Suryakant Shah .Applicant ...

v/s.

The State of Maharashtra .Respondent ...

**** Mr. Akshay Bhalerao, Advocate for the applicant. Ms. Chaitrali A. Deshmukh, Advocate for the Intervenor in APPP 612/2019.

Smt. Sharmila Kaushik, APP for State.

API, Sunil Lokhande, Borivali Police Station present.

2/4 CORAM : SANDEEP K. SHINDE, J.

Tuesday, 18 th February, 2020.

P.C. :

1.

Apprehending arrest in C.R. No. 538/2018 registered at the instance of wife of the applicant with Borivali Police Station for the offences punishable under Sections 454, 380 of the Indian Penal Code, the applicant-husband is seeking pre-arrest bail.

2.

Besides the subject crime, wife has also filed proceedings under the Domestic Violence Act. It is alleged that, the applicant-husband had committed theft in the house of the complainant which is jointly owned by the applicant-husband and father-in-law. The worth of theft property is around Rs.31,000/-.

3.

The learned Counsel for the applicant, undertakes to deposit Rs.31,000/- in the Registry of this Court within four weeks from today.

3/4 Undertaking is accepted. In view of the accusation and the Undertaking of the applicant, as stated hereinabove, in my view, custodial interrogation of the applicant is not required. Hence, the following order :

4.

In the event of arrest of the applicant in C.R. No. 538/2018 registered with Borivali Police Station, he shall be released on bail on furnishing P.R. Bond of Rs.20,000/- (Rs. Twenty Thousand only) with one or two sureties in the like sum.

5.

The applicant shall attend the concerned Police Station as and when called.

6.

The applicant shall furnish the particulars of his place of residence and contact details to the Investigating Officer of the Police Station concerned within seven days from today.

7.

The applicant shall not tamper with the

4/4 evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

8.

It is made clear that observations made hereinabove shall be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial in other proceedings.

9.

With disposal of main application, intervention application does not survive. The same is accordingly disposed off.

(SANDEEP K. SHINDE, J.)