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Bombay High CourtABA/1818/2018anticipatory bail granted

Harish Dhanrajmal Wadhiya And ORS v. The State Of Maharashtra

2018-09-07Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1818 OF 2018 Harish Dhanrajmal Wadhiya & Ors.

..Applicants v/s.

The State of Maharashtra .

..Respondents Mr. Niranjan Mundargi i/b. Hulyalkar & Associates for the Applicants.

Ms. Pallavi Dabholkar, APP for the Respondent/State. Mr. Arjun Pawar, API- Dehu Road Police Station, Pune, present. CORAM : ANUJA PRABHUDESSAI,J.

DATED : SEPTEMBER 07, 2018.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid applicants apprehending their arrest in C.R.No.448 of 2018 registered with Dehu Road Police Station, Pune for offences under Section 406, 420 r/w. 34 of IPC.

2.

Heard Mr. Mundargi, the learned Counsel for the applicants and Ms. Dabholkar, the learned APP for the State. Perused the records.

3.

By Order dated 4th September, 2018, the learned Addl. Sessions Judge, Pune, declined to grant interim bail to the present applicants. The order reveals that there are business transactions between the applicants and the first informant. Considering this aspect, in my considered view, the applicants need to be protected till the disposal of the application filed under Section 438 of Cr.P.C. Hence, the following interim order :- (i) In the event of arrest of the present applicants in Crime No.448 of 2018 of Dehu Road Police Station, the applicants be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) each, with one or two solvent sureties in the like amount, to the satisfaction of the Investigation Officer. (ii) The interim order shall remain in force till disposal of the application under Section 438 of Cr.P.C. being Application No. 3398 of 2018, pending on the file of Addl. Sessions Judge, Pune. (iii) The applicants shall provide their permanent as well as temporary address, if any, and their contact details to the Investigating Officer.

(iv) The applicants shall not change their residential address

without prior intimidation to the Investigation Officer. .

Application is accordingly disposed of.

(ANUJA PRABHUDESSAI, J.)