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Bombay High CourtABA/625/2015anticipatory bail granted

Vijaykumar Kantilal Kothari v. The State Of Maharashtra

2015-06-24Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

903.ABA625_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 625 OF 2015 Vijaykumar Kantilal Kothari ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Ritesh Thobde, Advocate for the applicant. Mrs. R.V. Newton, APP for the respondent/State. I.O. Mr. V.S. Gaikwad, P.S.I., Tembhurni Police Station, Solapur present. CORAM: MRS.MRIDULA BHATKAR, J.

DATE : JUNE 24, 2015 P.C.:

This Application is moved for pre-arrest bail under section 438 of the Criminal Procedure Code, as the applicant/accused is facing charges under sections 420, 467, 468, 471 r/w. 34 of the Indian Penal Code in C.R. No. 61 of 2015 registered by Tembhurni Police Station, Solapur. One Sharad Digambar Mehta has given the complaint on 4th April, 2015. 2.

It is the case of the complainant that he is the owner of a land. He has given Application to convert his land into NA, at that time, he found that a bogus Deed of Consent in the name of his father was executed in favour of the applicant/accused and his mother of leaving access of 9 mtrs. width road.

3.

The learned counsel for the applicant/accused has submitted that 1 / 2

903.ABA625_2015.doc the specimen signature of the applicant/accused is taken by the police and he is ready to cooperate the police.

4.

Learned APP opposed the Anticipatory Bail Application. Investigating officer is present.

5.

In view of the allegations made in the complaint and the nature of the offence, I am inclined to grant pre-arrest bail to the applicant/accused on the following terms and conditions:

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, the applicant shall be enlarged on bail upon furnishing P.R. Bond in a like amount of Rs.20,000/- with one or two sureties in the like amount.

(iii) The applicant shall not tamper with the evidence. (iv) The applicant shall attend the concerned police station on every Monday between 10 a.m. to 11 a.m. till the filing of the charge sheet.

6.

The Application stands disposed of accordingly. (MRS.MRIDULA BHATKAR, J.) 2 / 2