Tanaji Jyotiram Survase And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1291 OF 2017 1.

Tanaji Jyotiram Survase 2.

Suraj Bhausaheb Deshmukh ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Rahul S. Kadam for the Applicants.

Ms. P. P. Shinde, A.P.P for the Respondent-State. PSI Mr. Somnath Shendage from Hapadsar Police Station, Pune, is present CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 2 nd AUGUST, 2017 P.C.

1.

Heard learned Counsel for the parties.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No. 624 of 2017 registered with the Hadapsar Police Station, Pune, for the alleged offences punishable under Sections 420, 406, 465, 468, 381 r/w 34 of the Indian Penal Code. 3.

After arguing for some time, learned Counsel for the applicants does not press the application qua applicant No.1. He submits 1/3

that the applicant No.1-Tanaji Survase will surrender before the appropriate Court, after giving notice to the concerned Investigating Officer of the date and time of surrender. The said statement is accepted. 4.

The learned Counsel for the applicants submits that as far as the applicant No. 2 - Suraj Deshmukh is concerned, he is the cousin brother-in-law of the complainant and the allegation as against him is, that he committed theft of the documents from the complainant's office. 5.

Learned A.P.P, on instructions of the Investigating Officer, who is present in Court, states that at this stage, there is nothing to point out the complicity of the applicant No.2.

6.

Considering, the aforesaid, the applicant No.2 - Suraj Deshmukh, is granted pre-arrest bail, on the following terms and conditions:

ORDER

(i) In the event of the arrest, the applicant No.2 - Suraj Deshmukh be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/-, with one or two sureties in the like amount; 2/3

(ii) The applicant No.2- Suraj Deshmukh, shall report to the Investigating Officer of the concerned Police Station, as and when called, till the filing of the charge-sheet;

(iii) The applicant No.2 shall not tamper with the evidence or attempt to contact or influence the complainant, witnesses or any person concerned with the case;

(iv) The applicant No. 2 to cooperate with the conduct of the trial. 7.

The application is partly allowed in the aforesaid terms and is accordingly disposed of.

8.

If an application for regular bail is filed by applicant No.1Tanaji Survase, the same shall be considered on its own merits, uninfluenced by the observations made in this order. 9.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 10.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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