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Bombay High CourtBA/2996/2018bail granted

Yogendra J. Singh v. The State Of Maharashtra

2018-11-08Hon'Ble Shri Justice S.S. Shinde4 pages

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2996 OF 2018 Yogendra J. Singh.

... Applicant.

V/s.

The State of Maharashtra.

... Respondent.

Mr. S.J. Chaursia I/b. Ashoka Law Firm for the Applicant. Ms. P.P. Shinde, APP for the Respondent - State.. CORAM : S.S. Shinde, J.

(VACATION COURT) DATE : 8th November, 2018.

P.C. :- This application is filed for bail in Crime No. 303 of 2018 for the offence punishable under Section 353, 323, 504, 506 of Indian Penal Code r/w. 85 of the Bombay Prohibition Act. 2.

Pursuant to the arrest of the Applicant, he was produced before the Hon'ble Magistrate, 71st Court at Bandra, Mumbai on 3rd November 2018. The said Court was pleased to remand the Applicant to judicial custody till 16th November 2018.

3.

The learned Counsel appearing for the Applicant submits that the Applicant is practicing lawyer in the High Court. He further submits that an unfortunate incident had taken place. The Applicant is already in custody. Therefore, he submits that the Applicant may be released on bail.

4.

On the other hand the learned APP appearing for the State submits that substantial part of the investigation has complete. However, the Investigation Officer has to record the statement of one eye witness, who is presently out of station. 5.

Since the Applicant is already in custody from 3rd November 2018, this Court is of the opinion that further continuation of the Applicant's custody is not necessary. 6.

In the light of above, following order is passed :- (i) The Applicant be released on furnishing PR Bond of Rs.25,000/- with one or two local sureties in the like amount.

(ii) After release of the Applicant, he shall extend full co-operation to the Investigation Officer for further

investigation.

(iii) He shall not tamper with the prosecution evidence and pressurize the prosecution witness.

(iv) He shall attend the BKC Police Station between 10.00 a.m. to 12.00 a.m. on every Saturday and Sunday. After three weeks the Applicant will be entitled to apply for relaxation of this condition.

(v) The Applicant shall not indulge in similar offences.

(vi) The Applicant shall furnish his residential address and also permanent address with Cell Number to the Investigating Officer.

(vii) In breach of aforesaid condition/conditions would entitle the Investigating Officer or the Complainant to apply for cancellation of bail.

7.

In the light of above, the Application stands disposed of. 8.

Parties to act upon authenticated copy of this order. (S.S. Shinde, J.)