Baban Sahadev More v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1493 OF 2022 Baban Sahadev More ..

Applicant

Versus

State of Maharashtra ..

Respondent ...

Mr.Prashant V. Malik for the Applicant.

Ms.Anamika Malhotra, A.P.P. for the State/Respondent. P.N. Mr.R.N.Talware attached to Virar Police Station, present. ...

CORAM: BHARATI DANGRE, J.

DATED : 10th JUNE, 2022 P.C:- 1.

The applicant is apprehending his arrest in C.R.No.1065 of 2021 registered with Virar Police Station, which invokes Section 135 of the Indian Electricity Act, 2003. 2.

The complaint is lodged by the Deputy Engineer of the MSEDCL alleging that they have noticed tampering with the meter ftted in the residential premises of the applicant and the applicant faced an accusation that for last 77 months, he had tampered the said meter and deprived the company from

2/3 8 ABA-1493-22.doc recovering a sum of Rs.2,88,540/- towards the electricity charges.

2.

The learned A.P.P. specifcally states that in the wake of the accusations, custodial interrogation of the applicant is not warranted.

3.

In the wake of the above, the applicant is entitled for protection in the even of arrest, subject to the stipulation that he shall report to the Investigating Offcer and co-operate with the investigation. Hence, the following order. : ORDER :

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.1065 of 2021 registered with Virar Police Station, applicant-Baban Sahadev More shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(c) The applicant shall report to the concerned police station on every Thursday and Friday between 3.00 p.m. to 5.00 p.m. for a period of fve weeks and, thereafter, as and when called for.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person

3/3 8 ABA-1493-22.doc acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and should not tamper with evidence.

( SMT. BHARATI DANGRE, J.)