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Bombay High CourtABA/1494/2019disposed off

Jagdish @ Jeetu Bharomal Puraswani And ANR v. The State Of Maharashtra

2021-11-18Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1494 OF 2019 SNEHA NITIN CHAVAN Jagdish Puraswani & Anr.

.. Applicants V/s.

by SNEHA NITIN CHAVAN Date: 2021.11.20 11:53:54 +0530 The State of Maharashtra & Anr.

..Respondents WITH ANTICIPATORY BAIL APPLICATION NO. 1495 OF 2019 Jitu Ramesh Chainani .. Applicant V/s.

The State of Maharashtra & Anr.

..Respondents ---- Ms. Swarali Joglekar a/w Ms. Pravada Raut for the Applicants. Mr. Jayesh Joshi for the Respondent No.2.

Mr. Y.Y. Dabake, APP for the Respondent/State. Sr. P.I. R.P. Bayes attached to EOW, Thane Rural. ---- CORAM : C.V. BHADANG, J.

DATE : 18 NOVEMBER, 2021 P.C.

1.

The Applicants, apprehending their arrest in connection with the investigation of Crime No. 212 of 2019 registered with Kalyan Taluka Police Station, under Section 406, 420, 465, 467, 468, 471 read with Section 34 of I.P.C. are seeking pre-arrest bail. Sneha Chavan page 1 of 3

2.

The record discloses that on 10.07.2019 a statement was recorded on behalf of the State that the Investigating Officer shall not arrest the applicants. That order has been continued from timeto-time. It appears that subsequent to that the complainant and the applicants have entered into a settlement and the memorandum is executed which is produced on record. On 04.09.2021, the applications were adjourned in order to enable the learned counsel for the respondent/complainant to take instructions. Today the learned counsel for the respondent/complainant states that the terms of the settlement have been complied with and the Sale Deed is executed in favour of the complainant on 15.01.2020. 3.

Upon hearing the learned counsel for the applicants, the learned counsel for the respondent/complainant in my considered view, the applications can be allowed subject to conditions. 4.

In that view of the matter, the following order is passed:

ORDER

i) In the event of their arrest, in connection with the investigation of Crime No. 212 of 2019 registered with Kalyan Taluka Police Station, the applicants shall be released on bail on Sneha Chavan page 2 of 3

executing a PR Bond in the sum of Rs.25,000/- each with one or two solvent sureties in the like amount.

ii) The applicants shall attend the Investigating Officer as and when required by the Investigating Officer. iii) The applicants shall co-operate with the Investigating Agency and shall not tamper with the prosecution evidence/witnesses.

iv) In the event of breach of any of the conditions, the bail is liable to be cancelled.

v) Criminal applications are disposed of in the aforesaid terms.

(C.V. BHADANG, J.) Sneha Chavan page 3 of 3