Vaibhavi Vijay Sawant And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1152 OF 2018

1. Vaibhavi Vijay Sawant

2. Pratiksha Manoj Sawant ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Sachin Pawar for the Applicant.

Mr. S.R.Agarkar, APP for the State.

Mr. V.L Jagap ASI, Mangaon Police Stn.

CORAM : ANUJA PRABHUDESSAI,J.

DATED : OCTOBER 24, 2018.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid applicants apprehending their arrest in C.R.No.82 of 2018 registered with Mangaon Police Station, Raigad for offences under Section 143, 144, 147, 354, 395, 454, 506 r/w. 149 of IPC. 2.

Heard Mr. Pawar, the learned Counsel for the applicants and Shri Agarkar, the learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

3.

The records reveal that this Court by detail order dated 22nd June, 2018 had granted interim bail to the applicants. The applicants herein were directed to report to the Investigating Officer. The learned Counsel for the applicants submits that pursuant to the said order, the applicants have reported to the Investigating Officer and that they have already been interrogated. 4.

The learned APP also concedes that the investigation is concluded and that the chargesheet will be filed within 8-10 days. Considering the above facts, in my considered view, the presence of the applicants is no longer required for custodial interrogation. The applicants are permanent residents of Mangaon. There are no chances of their absconding or thwarting the course of justice. The applicants have no criminal antecedents.

5.

Considering the above facts and circumstances, the application is allowed on following terms and conditions:- (i) In the event of arrest of the applicants abovenamed in Crime No.82 of 2018 registered with Mangaon Police Station, Raigad, the applicants be released on bail on furnishing bail bond of Rs.15,000/- (Rupees Fifteen Thousand Only) each with one or two solvent

sureties in the like amount;

(ii) The applicants shall report to the Investigating Officer as and when required by the Investigating Officer for the purpose of investigation and interrogation;

(iii) The applicants shall provide their permanent as well as temporary address, if any, and their contact details to the Investigating Officer;

(iii) The applicants shall not change their residential address without prior intimation to the Investigation Officer; (iv) The applicants shall not interfere with the complainant and the other witnesses in any manner.

(ANUJA PRABHUDESSAI, J.)