Manoj Hastimal Jain @ Manoj Hastimal Solanki v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1377 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO.1652 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO.1653 OF 2017 Manoj Hastimal Jain @ Manoj Hastimal Solanki ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Tushar Sonawane for Applicant.

Ms. Rutuja Ambekar, APP for State.

---- CORAM : A.S.GADKARI, J.

DATE : 8th FEBRUARY 2018.

P.C.:

1] These applications are for pre-arrest bail in CR No.I-205 of 2017 dated 19.4.2017 under Section 392 of Indian Penal Code, CR No.I-96 of 2017 dated 21.2.2017 and CR No.I-250 of 2017 dated 11.5.2017 registered with Virar Police Station, District- Palghar under Section 392, 411 r/w 34 of the Indian Penal Code respectively, wherein the applicant is an accused.

2] Heard the learned Counsel for the applicant and the learned 1/3

APP. Perused the record of investigation.

3] The record indicates that, the applicant was arrested in CR No.686 of 2017 dated 3.12.2016 on 9.9.2017 by the same Police Station and was in custody for two days and was released on bail on 11.9.2017. The Investigating Agency had sufficient time for interrogation of the applicant of present crimes also as the said crimes are registered with the same Police Station. The allegation against the applicant is that, he is the receiver of the stolen property in all the four crimes. A specious plea has been raised by the prosecuting agency that, though he was interrogated in the police custody in other crime, he did not co-operate with them and no recovery in the present crime could be effected. The said plea was recorded only for its rejection and nothing else.

4] In view thereof, the applicant is entitled to be protected by prearrest bail in the aforestated crime numbers. Hence the following Order:- (i) In the event of arrest in CR No.I-205 of 2017, CR No.I-96 of 2017 and CR No.I-250 of 2017 registered with Virar Police Station, District- Palghar respectively, the applicant shall be released on bail on his furnishing PR bond in the sum of Rs.25,000/- in each Crime with one or 2/3

two separate solvent sureties.

(ii) The applicant shall report to the Investigating Officer as and when called after receipt of notice under Section 160 of Cr. P.C. and to join in the process of investigation till submission of final report. (iii) Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

5] All Anticipatory Bail Applications are allowed in the aforesaid terms.

(A.S.GADKARI, J.) 3/3