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Bombay High CourtABA/1279/2018others disposed off

Gopal Mahadev Nemane v. The State Of Maharashtra

2019-01-07Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 10-aba-1279-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1279 OF 2018 Gopal Mahadev Nemane ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Ms. Monali G. Samant for the applicant.

Mr. R.M. Pethe, APP for the Respondent-State. Mr. Devdas Mane, PSI, Govandi Police Station is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 7th JANUARY, 2019.

P.C.

1.

Applicant is seeking anticipatory bail in CR No. 17 of 2018 registered with Govandi Police Station for the offence punishable under Section 420, 406, 408 of Indian Penal Code. 2.

By order dated 6th July, 2018, the applicant was permitted to deposit the amount of Rs.3,25,000/- to prove his bonafides. Interim protection was granted to the applicant. Subsequently, the application came up for hearing on 10th August, 2018. In the order passed on that day it was observed that applicant could not point out the fact that the he has deposited the amount of Rs.2,60,000 with the first informant bank, instead of depositing

Sknair 10-aba-1279-18.odt the said amount in the Registry of this Court. It was also submitted by advocate for applicant at that time that the balance of Rs.65,000/- will be deposited in the Registry of this Court. Learned counsel for the applicant submits that amount of Rs.65,000/- is already deposited with the complainant bank which is fortified by the receipt. Said fact is confirmed by the officer who is present in the Court. In the circumstances, interim protection granted on 6th July, 2018 deserves to be confirmed.

ORDER

i) Anticipatory Bail Application No. 1279 of 2018 is allowed; ii) Interim order dated 6th July, 2018 is confirmed; iii) In the event of arrest of the applicant in connection with CR No. 17 of 2018 registered with Govandi Police Station, the applicant be released on bail on furnishing PR bond of Rs.25000/- with one or two solvent sureties in the like amount; iv) Applicant shall not temper with the evidence nor influence the prosecution witnesses v) Application stands disposed off.

( PRAKASH D. NAIK, J. )