Satish Champaklal Shah And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.760 OF 2015

1. Satish Champaklal Shah

2. Amisha Satish Shah .... Applicants.

V/s.

The State of Maharashtra .... Respondent Mr. A. H. H. Ponda i/by Mr. Shyam i/by Mr. Shyam Kalyankar, for the Applicants.

Mrs. A.A. Mane, APP for the Respondent-State. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

[ VACATION COURT ] DATE : 28 TH MAY, 2015.

P.C. :

1.

Not on board. Upon mentioning, taken on today's board. 2.

Heard learned counsel for the applicant and after hearing arguments, when this Court expressed opinion that the applicant No.1 Satish Champaklal Shah is not entitled to bail, learned counsel for the applicant submits that he may be permitted to withdraw the application as regards to applicant No.1, but two days time to surrender applicant No.1 before police be given.

3.

As regards, applicant No.2 it is submitted that she is divorcee daughter of applicant No.1. The only allegation against her is that she is having joint account with the applicant No.1. Absolutely there is no Page No.1 of 3

allegations against her as to withdrawal of amount or depositing amount in the said account and she may be granted anticipatory bail. 4.

The learned APP, on instructions, from the Investigating officer submits that though her custodial interrogation may not be necessary, she may be directed to attend the concerned police station twice a week for carrying out further investigation. Hence order.

O R D E R

I) Application of applicant No.1 Satish Shah stands dismissed as withdrawn. However, time of three days is granted to him to surrender before Investigating Officer i.e. upto 01.06.2015.

II) In case of arrest of the applicant No.2 Amisha Satish Shah, in C.R. No.183 of 2015, registered at M.H.B Colony Police Station, Borivali (W), Mumbai, for the offences punishable under Sections 414, 420, 424 and 120-B of the Indian Penal Code, she may be released on furnishing P.R. bond of Rs.15,000/- with one or two sureties in the like amount, subject to following conditions :

(a) Applicant shall not tamper with the prosecution witnesses or influence them in any way.

(b) Applicant shall co-operate in investigation of the case by making herself available, as and when required by the Police.

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(c) Applicant shall give attendance at concerned police station twice a week i.e. on every Monday and Wednesday in between 11.00 a.m. to 1.00 p.m. (d) She shall not leave India without prior permission of this Court.

[DR. SHALINI PHANSALKAR-JOSHI, J.] Page No.3 of 3