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Bombay High CourtABA/1285/2016anticipatory bail granted

Ramesh Madanlal Agrawal v. The State Of Maharashtra

2016-09-08Hon'Ble Shri Justice A.S. Gadkari2 pages

14.ABA.1285.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1285 OF 2016 Ramesh Madanlal Agrawal .. Applicant

Versus

The State of Maharashtra .. Respondent Mr. M.S. Mohite Advocate for the Applicant.

Ms. Rutuja Ambekar, A.P.P. for the Respondent - State. CORAM : A.S. GADKARI, J.

DATED : 8th SEPTEMBER, 2016.

P.C. :

By an order dated 02.08.2016, the applicant is granted interim relief. The papers pertaining to the investigation of the present crime i.e. C.R. No.I/56/2016 registered with Kinhvali Police Station, Taluka Shahapur, District Thane, under sections 380, 454, 457 of the Indian Penal Code, reveals that the alleged stolen food grains were seized by the police before it reached to the godown of the applicant. The allegation against the applicant in the present crime is that he was supposed to receive the said stolen food grains from the co-accused. It, therefore, can safely be stated that at the most an offence of attempt to receive the stolen goods can be alleged against the applicant.

In view of the above, according to me there is no need for custodial interrogation of the applicant in the present crime. Waghmare 1/2

14.ABA.1285.16.doc Hence the following order :- (i) In the event of arrest of applicant in C.R. No.I/56/2016 registered with Kinhvali Police Station, Taluka Shahapur, District Thane, the applicant shall be released on bail on his furnishing P.R. bond in the sum of Rs.15,000/- with one or more local sureties in the like amount. (ii) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) Waghmare 2/2