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Bombay High CourtBA/2876/2017bail granted

Swaraj Singh Mannala Verma v. The State Of Maharashtra And ANR

2017-10-31Hon'Ble Shri Justice A.S. Gadkari3 pages

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2876 OF 2017 Swaraj Singh Mannalal Verma ... Applicant V/s.

The State of Maharashtra & Anr.

...Respondents

----- Mr. Mahesh Vaswani, a/w Ms. Lata Shanbhag and Miss. Pooja Jadhav i/b Dharini Nagda for Applicant.

Ms. S.S. Hulke, APP for the Respondent/State. ---- CORAM : A.S.GADKARI, J.

DATE : 4th JANUARY 2018.

P.C.:

1] This is an application under Section 439 of Cr. P.C. for bail in CR No. 170 of 2017 dated 11.04.2017 registered with Santacruz Police Station, Mumbai under Section 376, 506 of the Indian Penal Code. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record annexed to the application. 3] The first information report is lodged by the Miss. Amrapali P. Gaikwad. It is alleged that the applicant represented the first informant and 1/3

gave her assurance that he being a film producer, would give her role in films and advertisements. That on 6.4.2017 at about 4.00 p.m by administering stupefying substance to the first informant the applicant forcibly committed an act as contemplated under Section 376 of the Indian Penal Code. In the premise the first information report is lodged. 4] The record indicates that, in the remand application dated 18.11.2017 the concerned Investigating Officer has categorically stated that the medical examination of the applicant is conducted and the investigation of the present crime is practically completed. 5] After taking into consideration the fact that the investigation of the present crime is practically completed, no fruitful purpose will be served by further keeping applicant in incarceration. In view thereof, this Court is of the view that further incarceration of the applicant is not necessary and the applicant can be released on bail. Hence the following Order:

(i) The applicant be released on bail in CR No. 170 of 2017 registered with Santacruz Police Station, Mumbai on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

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(ii) After his release from the jail, the applicant shall attend the concerned Police Station every 1 st Monday of the month between 11.00 a.m. to 1.00 p.m till the conclusion of trial. (iii) Applicant shall also all dates before the Trial Court. (iv) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3