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Bombay High CourtABA/1221/2022allowed

Virat Vasant Taware v. The State Of Maharashtra

2023-02-22Hon'Ble Shri Justice N. R. Borkar2 pages

20-aba-1221-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1221 OF 2022 Virat V. Taware ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Prashant Hagare for the Applicant.

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

CORAM

:

N.R. BORKAR, J.

DATE :

22.02.2023.

P.C. :

1.

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

2.

I have heard the learned counsel for the applicant and the learned APP for the respondent/State.

3.

On 4 May 2022, this Court passed the following order: "1.

Learned APP seeks time to take instructions.

2.

Applicant's learned counsel seeks for interim protection. It is submitted that this court has already granted interim protection to co-accused in ABA No.1158 of 2022 and ABA No.1169 of 2022. It is argued that the transaction was purely of civil nature. The applicant undertakes the monetary liability as he continued the partnership frm. The applicant's learned counsel submits that though the entire liability was undertaken by frm, however, to show his bonafdes applicant would deposit a sum of Rs.5,00,000/- within two weeks and amount of Rs.10,00,000/- within six weeks thereafter. 3.

Having regard to all these aspects, it is necessary to Dinesh S. Sherla 1/2

20-aba-1221-22.doc decide all applications together on perusal of investigation papers. In the meantime, applicant's liberty can be protected on certain terms. Hence, following interim order:- (a) In the event of arrest, the Applicant/Accused namely - Virat Vasant Taware in Crime No.165 of 2022 registered at Baramati City Police Station, District-Pune for the ofence punishable under Sections 420 r/w 34 of the Indian Penal Code, he be released on interim bail on his furnishing P.R. bond of Rs.25,000/- with one or two sureties in the like amount.

(b) The applicant shall deposit Rs.5,00,000/- in this Court within two weeks and shall deposit the remaining amount of Rs.10,00,000/- within six weeks thereafter.

(c) The applicant shall attend the concerned Police Station on every Sunday in between 10.00 a.m. to 12.00 noon till fling of chargesheet.

(d) The applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the prosecution evidence. (e) Interim protection shall remain in force till next date.

(f) Stand over to 13th June, 2022."

4.

The learned counsel for the applicant, on instructions, submits that the applicant and other co-accused have deposited entire amount of Rs.1,52,30,000/-. In that view of matter, I am inclined to allow the present application. The interim order passed by this Court dated 4 May 2022 is hereby confrmed.

5.

The Application is disposed of accordingly.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2