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Shelly Sushant Bhavangir @ Shelly Agnihotri And ANR v. The State Of Maharashtra

2018-04-16Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1479 OF 2017 1.

Shelly Sushant Bhavangir@ Shelly Agnihotri 2.

Suresh Padmakar Bhavangir ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.Manjunath Hegde, for the Applicants.

Ms.P.N.Dabholkar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 16th APRIL, 2018 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant No.2 seeks pre-arrest bail in connection with C.R. No. 181 of 2017 registered with the Amboli Police Station, Mumbai, for the alleged offences punishable under Sections 420, 467, 468, 471 r/w 34 of the Indian Penal Code. 3.

Perused the papers. It is informed that the applicant No.1 was

2/3 arrested, during the pendency of this application and has been subsequently enlarged on bail, and as such Applicant No.1's prayer for pre-arrest bail does not survive. Similarly, the applicant No.1's husband was also arrested and he too was subsequently enlarged on bail. A perusal of the complaint and the material, qua the applicant No.2 shows that he was not concerned with the transaction, that took place between the complainant and the other co-accused. The only allegation, qua the applicant No.2 is that he was present in a meeting, which took place between the complainant and the other co-accused. Apart from that, there is no allegation, that the applicant No.2 introduced any person or that he cheated anyone. 4.

Considering the role of the applicant No.2, the applicant No.2 is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant No.2 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 No.2 shall report to the Investigating Officer of

3/3 the concerned Police Station as and when called, till the filing of the charge-sheet or for a period of three months from today, whichever is earlier;

(iii) The applicant No.2 shall not contact the complainant, witnesses or any person concerned with the case; (iv) The applicant No.2 shall co-operate with the Investigating Agency.

5.

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

6.

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

7.

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