Raju Shanmugam Tevar v. State Of Maharashtra

2023:BHC-AS:26139

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1005 OF 2023 WITH INTERIM APPLICATION NO.1941 OF 2023 RAJU SHANMUGAM TEVAR S/O SHANMUGAM TEVAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Prabhu Selva Kumar and Adv. Varsha R. Mishra for the Applicant.

Mr. N. B. Patil, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 7, 2023.

P.C. :

1.

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

2.

This is an application for bail in respect of the offence punishable under Sections 489(a)(b)(c)(d), 420 read with 34 of the Indian Penal Code registered on 28/02/2017 vide C.R. No.69 of 2017 with Ambernath Police Station, District Thane.

3.

The applicant was arrested on 01/03/2017 and is in custody for a period of 6 years and 6 months. It is submitted that the applicant is suffering from chronic 1/4

tuberculosis. So far as the trial is concerned, I am informed that the charges have been framed by the trial Court. 4.

Learned APP while opposing the application states that the applicant is arrested for a serious offence which affects the economy. Learned APP further expresses an apprehension that if granted bail, the applicant may not attend trial as he is from the State of Karnataka. 5.

Learned counsel for the applicant states that the applicant has roots in Maharashtra. He submits that after being released on bail, in any case, the applicant will not leave Maharashtra without prior permission of the trial Court.

6.

Considering the long incarceration with the possibility of trial concluding any time soon appearing remote, in the facts and circumstances of the present case, the applicant can be enlarged on bail. The investigation is complete and the chargesheet has been filed. There are no criminal antecedents reported against the applicant. Hence, the following order :- 2/4

O R D E R

(a) The application is allowed.

(b) The applicant- Raju Shanmugam Tevar S/o Shanmugam Tevar in connection with C.R. No. 69 of 2017 registered with Ambernath Police Station shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more local sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Ambernath police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(f) On being released on bail, the applicant shall not leave the State of Maharashtra without prior permission of the trial Court.

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7.

The bail application is disposed of. The interim application is disposed of.

(M. S. KARNIK, J.) 4/4