Vivek S/O Tilak Raj Bhardwaj v. The State Of Maharashtra

39-aba-3007-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3007 OF 2023 Vivek s/o. Tilak Raj Bhardwaj ...Applicant vs.

The State of Maharashtra

...Respondent

Mr. S.B. Talekar a/w. Ms. Madhavi Ayyappan i/b. Talekar & Associates, for the Applicant Smt. A.A. Takalkar, APP, for the Respondent/State. Mr. Bansode, PSI, Sahar police station.

CORAM :

N. J. JAMADAR, J.

DATE :

DECEMBER 12, 2023 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

This application is preferred seeking pre-arrest bail in connection with C.R. No.45 of 2016 registered at Sahar police station for the offences punishable under sections 465, 468, 471 and 420 of Indian penal Code, 1860.

3.

By an order dated 31st October, 2023 this Court had granted interim bail observing inter alia as under:- 6] The learned APP invited the attention of the Court to the statement of co-accused Karanbir Singh, who was apprehended while attempting to travel abroad on the strength of forged and fabricated documents. 7] I have perused the statement of the co-accused. Prima facie, the said statement does not incriminate the applicant except that the agent Vikas, another coaccused, had deputed the applicant to escort the said co-accused.

Vishal Parekar ...1

39-aba-3007-2023.doc 8] In the circumstances of the case, at this length of time, it may be expedient to grant interim protection to the applicant while directing him to join in the investigation.

4.

The learned APP informed the Court that pursuant to the direction in the aforesaid order, the applicant has appeared before the investigating officer.

5.

In the circumstances of the case and for the reasons which weighed with this Court in granting interim protection, I am impelled to make the order of interim bail absolute. 6.

The order of interim bail dated 31st October, 2023 is made absolute on the terms and conditions incorporated therein. 7.

In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.

8.

It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2