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Bombay High CourtABA/1667/2014anticipatory bail granted

Sharath Kumar Ramchandra Dasaararjau @ Sharath D. Ramchandra And ANR v. The State Of Maharashtra

2015-01-07Hon'Ble Shri Justice P.D. Kode3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1667 OF 2014

1. Sharath Kumar Ramchandra Dasararjau @ Sharath D.

Ramchandra

2. Ajay Shivnath Gupta .... Applicants Vs.

State of Maharashtra & Anr.

.... Respondents Mr. Salimuddin A. Shaikh for the Applicants.

Ms A.A. Mane, APP, for the Respondent-State.

Mr. Rameshwar Gite for Respondent No.2/ Original Complainant.

CORAM: P.D. KODE, J.

DATED: JANUARY 07, 2015 P.C:

1.

Leave to add the complainant as party respondent No.2. Mr. Rameshwar Gite appears, waiving service for respondent No.2.

2.

The application for pre-arrest bail in connection with Crime No.I-92 of 2014

registered with CBD-Belapur Police Station, Navi Mumbai for offences under Sections 363, 395 and 452 r/w Section 34 of the IPC and Sections 3 and 25 of the Arms Act. Learned counsel for the complainant-respondent No.2 has tendered an affidavit inter alia stating that the complainant has settled the matter against the present applicants. Learned counsel for the applicants has submitted that in view of said development they are also taking appropriate steps for approaching Division Bench for quashing of the complaint. The record and particularly the order dated 23-12-2014, passed by my predecessor in Anticipatory Bail Application No.1348 of 2014, reveals that such an affidavit was earlier filed of complainant also having settled the matter with accused No.1 Deepak Maheshchandra Jaiswal with whom the applicants were working. Having regard to said events, it is difficult to perceive of there

being any need of custodial interrogation of the applicants. Needless to add, on similar count the benefit of pre-arrest bail has been given to accused No.1. Hence, the application is allowed. The I.O. of aforesaid crime number is directed that in event of arrest of the applicants, the applicants be enlarged on bail on each of them furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in like amount. The applicants shall initially report to the I.O. on 10-1-2015 in between 10:00 a.m. to 12:00 noon and thereafter on every Monday, Wednesday and Friday.

3.

The application accordingly stands disposed of.

(P.D. KODE, J.)