Mangala Pradip Tatiya And ANR v. State Of Maharashtra

2023:BHC-AS:23254

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1080 OF 2023 1.

Mangala P. Tatiya 2.

Sunil K. Tatiya ...Applicants V/s.

The State of Maharashtra

...Respondent.

Mr. Sagar Kasar a/w. Ms Chaitali Bhogle, Ms Rachana Harpale and Mr. Sachin Patil for the Applicants.

Mrs. Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

21.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicants are apprehending their arrest in Crime No. 225 of 2022 registered at Satana Police Station, Nashik for the ofences punishable under Sections 406, 420 and 120BB read with 34 of the Indian Penal Code.

3.

I have heard the learned counsel appearing for the applicants and the learned APP for the respondent / State. 4.

According to the complainant, he is a retired police inspector. According to him, in the year 2014, the coBaccused Pradip Tatiya had approached him and assured him that he would get his son appointed in the educational institutes of which the coBaccused 1/3

Apoorva Hire is trustee. According to the complainant, he then met coBaccused Apoorva Hire, who assured him to appoint his son in D.Ed. College. According to the complainant, in view of said assurance from time to time, he had paid Rs.20 lakhs to the coB accused Pradip Tatiya. It is alleged that the applicant and other coB accused failed to keep their promise and thereby deceived him. 5.

The entire allegations of demand are against coBaccused Pradip Tatiya. The allegations against the applicant Nos. 1 & 2 are of receiving Rs. 50,000/B and Rs. 25,000/B respectively from the complainant.

6.

The learned APP submits that the applicant No.1 is involved in six more crimes of similar nature. The learned counsel for the applicants submits that the applicant No.1 is made accused in all the crimes because she is the wife of coBaccused Pradip Tatiya and in all the crimes she has been granted anticipatory bail. 7.

Considering the overall facts and circumstances, I am inclined to release the applicants on anticipatory bail subject to deposit of Rs.50,000/B by applicant No.1 and Rs.25,000/B by applicant No.2 before this Court. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicants in C.R. No. 225 2/3

of 2022 registered at Satana Police Station, Nashik for the ofences punishable under Sections 406, 420 and 120BB read with 34 of the Indian Penal Code, they shall be released on bail on executing P.R Bond in the sum of Rs.25,000/B (Rupees Twenty Five Thousand) each with one or two sureties in the like amount, subject to deposit of Rs. 50,000/B by the applicant No. 1 and Rs. 25,000/B by the applicant No. 2 before this Court within a period of four weeks from the date of uploading of this order.

C) The applicants shall attend the concerned police station as and when called by the Investigating Ofcer and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3