Namdev Madhav Bagul And ANR v. The State Of Maharashtra

ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 915 OF 2019 Namdev Madhav Bagul and another ....Applicants V/s.

The State of Maharashtra .....Respondent WITH CRIMINAL APPLICATION NO. 905 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO. 915 OF 2019 Valji Khiyasi Bhanushali ....Applicant

IN THE MATTER BEWTEEN

Namdev Madhav Bagul and another ....Applicants V/s.

The State of Maharashtra .....Respondent Mr. Sandesh Patil i/b Mr. Prithviraj S. Gole for applicant Mr. Vinay J. Bhanushali for applicant in APPP Ms. Sharmila S. Kaushik APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

JULY 17, 2021.

P.C.:

1] This Court vide order dated 16/04/2019 while granting Ad1/3

interim protection in favour of the applicant in C.R. No. 73 of 2019 registered with Wada Police Station for Offences punishable under Sections 406, 418, 420 r/w 34 of the Indian Penal Code, applicants' statement to deposit an amount of Rs. 35,00,000/- was recorded which is duly honoured.

2] I have perused the contentions raised by respective counsel. 3] Apart from the fact that there is civil dispute pending in relation to the very same property, which is also a subject matter of the present crime, the subject amount in the crime is already secured by the applicants by depositing the same in this Court. 4] In that view of the matter, Ad-interim protection ordered in favour of applicant on 16/04/2019 stands confrmed subject to following conditions:

(i) Amount of Rs. 35,00,000/- deposited before this Court be transferred to Civil Court in pending Special Civil Suit No. 332/2018 pending before 8-Link Court of Civil Judge Senior Division, Bhiwandi, Dist. Thane. 2/3

(ii) The Civil Court shall keep the said amount in fxed amount in any nationalized bank initially for a period of three years and shall renew the same till the fnal decision of the Suit.

(iii) In the event of arrest, applicant be released in C.R. No. 73 of 2019 registered with Wada Police Station for Offences punishable under Sections 406, 418, 420 r/w 34 of the Indian Penal Code on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

(iv) Applicant neither shall infuence the witnesses in any way nor tamper with evidence. (v) Application shall report to Investigating Offcer as and when directed.

5] Application stands disposed of.

[NITIN W. SAMBRE, J.] 3/3