Prakash Masalia And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1201 OF 2022

1) Prakash Masalia

2) Payal Amit Masalia

3) Amit Prakash Masalia .... Applicants v/s.

The State of Maharashtra .... Respondent Mr. J.S. Kini a/w. Ms. Shweta Jain i/b.

Ms. Sapna Krishnappa for the Applicants.

Mrs. A.A. Takalkar, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd MAY, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. for pre-arrest bail in C.R.No.146/2021 registered at Achole Police Station for offences punishable under sections 420 of the Indian Penal Code and sections 3 and 4 of Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.

2.

Heard Mr. J.S. Kini, learned counsel for the Applicants and Ms. A.A. Takalkar, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

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3.

The Applicant has filed the Anticipatory Bail Application No.576/2022 before the learned Sessions Judge, Vasai. The prayer for interim relief has been rejected by the learned Sessions Judge. Hence, this Application.

4.

Mr. Kini, learned counsel for the Applicants, under instructions, states that the Applicants are ready to register the agreement in respect of the five victims and hand over possession of the same. The said statement is accepted as an undertaking to the Court. In the light of said statement, the Applicants are granted interim bail till the disposal of ABA/576/2022 pending on the file of learned Sessions Judge, Vasai. Hence, the following order :- (a) In the event of arrest of the Applicants in C.R.No.146/2021 registered at Achole Police Station, they shall be released on interim bail on furnishing bail bonds in the sum of Rs.25,000/- each with one or two sureties in the like amount ;

(b) The Applicants shall report to the Investigating Officer for four days from 04/05/2022 between 11:00 a.m. to 02:00 p.m.

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(c) The Applicants shall not interfere with the complainant and the other witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;

(d) The Applicants shall keep the Investigating Officer informed of their current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

This order shall remain in force till the disposal of Anticipatory Bail Application No.576/2022 pending on the file of learned Sessions Judge, Vasai. The learned Sessions Judge, Vasai is directed to dispose of Anticipatory Bail Application No.576/2022 within a period of six weeks from the date of this order.

6.

The Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.05.06 18:06:25 +0530 3/3