Ganesh Balu Chaudhari And ANR v. The State Of Maharashtra

30-aba-1303-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1303 OF 2023 Ganesh Balu Chaudhari and Another ...Applicants vs.

The State of Maharashtra

...Respondent

Mr. K.S. Labana a/w. Mr. Piyush Chhabna, for the Applicants. Mr. M.G. Patil, APP, for the Respondent/State. Mr. K.D. Varthe, PSI, Vashind police station present. CORAM :

N. J. JAMADAR, J.

DATE :

AUGUST 28, 2023 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

This application is preferred seeking pre-arrest bail in connection with C.R. No. 131 of 2019 registered at Vashind police station for the offences punishable under sections 143, 146, 147, 148, 149, 504, 427, 353, 332 and 323 of Indian penal Code, 1860. 3.

By an order dated 25th November, 2020 this Court had granted interim pre-arrest bail to the co-accused in the same C.R. in which the applicants apprehend arrest. By a further order dated 30th September, 2022, this Court made the said order dated 25th November, 2020 absolute as charge-sheet had already been filed. 4.

In any event, having regard to the nature of the accusations custodial interrogation of the applicants is not warranted. I am, Vishal Parekar ...1

30-aba-1303-2023.doc therefore, inclined to extend the same dispensation to the applicants.

Hence, the following order.

ORDER

1] In the event of arrest in C.R. No.131 of 2019 registered with Vashind police station, the applicants Ganesh Balu Chaudhari and Madhukar Balu Chaudhari be released on bail on furnishing a P.R. bond in the sum of Rs. 30,000/- each with one or two sureties in the like amount.

2] The applicants shall cooperate with the investigation and attend Vashind police station on every alternate Sunday in between 10 am to 12 noon for two months.

3] The applicants shall not tamper with the prosecution evidence and give threat or inducement to first informant or any of the prosecution witnesses.

4] It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail. Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2