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Bombay High CourtABA/2642/2022disposed off

Abrar Kamruddin Khan v. State Of Maharashtra

2022-09-28Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 904 ABA 2642.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2642 OF 2022 Abrar Kamruddin Khan ..

Applicant

Versus

The State of Maharashtra ..

Respondent Adv. Waqar Nasir Pathan i/b Adv. Anil Mishra for the Applicant. Mr. S.H. Yadav, A.P.P. for the State/Respondent. Mr. V.R. Gavit, IO, Pelhar, Police Station.

CORAM: BHARATI DANGRE, J.

DATED : 28th SEPTEMBER, 2022 P.C:- 1.

The applicant is apprehending his arrest in C.R. No. 130 of 2019, which accuse him of committing an offence under section 135 of the Indian Electricity Act.

2.

Learned APP state that the custodial interrogation of the applicant is not necessary, in the wake of the accusations faced by him, but he has invited my attention to an affidavit of the undertaking filed by the applicant, before the Sessions Judge, Vasai on 17/09/2022, where he had undertaken to deposit a sum of Rs.1,34,320/-.

3.

The learned counsel for the applicant state that he is ready to abide by the said undertaking but when he went to deposit the Ashish Mhaske

2/2 904 ABA 2642.22.doc amount, the Electricity department has raised the amount to 1,65,000/- and therefore the amount could not be deposited. He however, undertake to deposit a sum of Rs. 1,34,320/- within one week from today. Subject to the above deposit, the applicant deserve protection from arrest.

The above deposit shall be without prejudice to the right and contention of the parties.

4.

Hence the following order.

: ORDER :

(a) Application is allowed.

(b) In the event of arrest, applicant Abrar Kamruddin Khan in connection with C.R.No. 130 of 2019 registered with Pelhar Police Station, shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount.

(c) The applicant shall report to the concerned police station as and when called for.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske