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Bombay High CourtABA/2479/2019allowed

Ganesh Jivraj Mahindrakar v. The State Of Maharashtra

2021-08-21Hon'Ble Shri Justice N. J. Jamadar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2479 OF 2019 Mr.Ganesh Jivraj Mahindrakar ...Applicant vs.

The State of Maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO. 2799 OF 2019 Mr.Sachin Vitthal Ghanate ...Applicant vs.

The State of Maharashtra

...Respondent

None for applicant in both applications.

Mrs. S.D. Shinde, APP for State.

CORAM :N. J. JAMADAR, JJ.

DATE :21st AUGUST, 2021 P.C.:

1.

None present for the applicants in both applications. 2.

The applicants have preferred these applications apprehending arrest in C.R. No.678 of 2019, registered with Vijapur Naka Police Station, Solapur for the offences punishable under sections 420 and 406 read with section 34 of the Indian Penal Code, 1860 (' the Penal Code').

3.

By the orders dated 15th November 2019 and 19th December 2019, in the respective applications, this Court had granted interim 1/3

relief to the applicants, after noticing that the applicants have deposited substantial amounts with the bank and were also willing to deposit the balance amount.

4.

Mrs. Shinde, the leaned APP, on instructions, submits that in the intervening period, post completion of investigation, the investigating officer has lodged charge-sheet on 31st January 2021, leading to RCC No. 500 of 2021.

5.

In the backdrop of the nature of accusation against the applicants, custodial interrogation does not seem to be warranted. Investigation is complete.

6.

In the circumstances, the applications can be disposed of by confirming the interim orders dated 15th November 2019 and 19th December 2019, in the respective applications, by putting certain additional conditions.

7.

Hence, the following order :

O R D E R

(i) The applications stand allowed.

(ii) Interim relief granted by order dated 15th November 2019, in Criminal Anticipatory Bail Application No. 2479 of 2019 and 19th December 2/3

2019, in Criminal Anticipatory Bail Application No. 2799 of 2019, respectively, stand confirmed and, if the orders have not already been given effect to, in the event of arrest, the applicants be released on bail on the same terms and conditions as imposed in the interim orders.

(iii) In addition, the applicants shall regularly attend the proceedings in RCC No. 500 of 2021.

The applications stand disposed of accordingly.

(N. J. JAMADAR, J.) 3/3