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Bombay High CourtABA/1677/2019others disposed off

Rushikant Vithoba Javkar v. The State Of Maharashtra

2019-08-14Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1677 OF 2019 Rushikant Vithoba Javkar ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Siddhi Bhosale, for the Applicant.

Mr.S.V.Gavand, A.P.P for the Respondent - State. PSI - Umesh Karanjawane, Sir J.J.Marg Police Station, Mumbai, is present. CORAM : REVATI MOHITE DERE, J.

DATE : 14th AUGUST, 2019 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.I-125 of 2019, registered with Sir J.J.Marg Police Station, Mumbai, for the alleged offences punishable under Sections 170, 419, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code. 3.

Learned Counsel for the applicant submits that the only

2/3 allegation as against the applicant is that on the applicant's hall ticket, another candidate sat for the Departmental Examination, which was held in Mumbai, between 15th July, 2019 to 19th July, 2019 for promotion of the employees of the Income-Tax Department.

4.

Learned APP states on instructions that the applicant has reported to the Investigating Officer of the concerned Police Station, as directed by this Court vide order dated 30th July, 2019. 5.

Perused the papers. According to the prosecution, the only allegation as against the applicant is that on the applicant's hall ticket, another candidate sat for the Departmental Examination, which was held in Mumbai, between 15th July, 2019 to 19th July, 2019 for promotion of the employees of the Income-Tax Department. All the documents are in the custody of the police.

6.

Considering the aforesaid, the custodial interrogation of the applicant is not warranted. The application is accordingly allowed and the interim protection granted vide order dated 30th July, 2019, is confirmed

3/3 on the following terms and conditions :-

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station, as and when called; (iii) The applicant shall co-operate with the Investigating Agency. 7.

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

8.

It is made clear, that the observations made herein are prima facie and are confined to this application.

9.

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