Pandit Kanha Bhoir v. State Of Maharashtra
2023:BHC-AS:38625
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3844 OF 2023 PANDIT KANHA BHOIR ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Raju Suryawanshi for the Applicant.
Mr. P. H. Gaikwad, APP for the State.
PSI B.K. Sonawane, Badlapur East Police Station. ------------ CORAM : M. S. KARNIK, J.
DATE : DECEMBER 20, 2023 P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for bail in respect of the offence punishable under Sections 420 and 34 of the Indian Penal Code registered on 20/06/2023 vide C.R. No.154 of 2023 with Badlapur East Police Station.
3.
The applicant is accused No.2 and was arrested on 02/07/2023. My attention is invited to the order dated 02/11/2023 passed in Anticipatory Bail Application No. 2929 1/4
of 2023 by this Court while enlarging the applicant therein Khimsingh Venji Rajpurohit (accused No.1) on anticipatory bail. The said order is annexed at page No. 471 of the paperbook. It is the accused No.1 against whom major allegations are made. The present applicant is the partner of the accused No.1. The role of the applicant as can be seen from the materials on record is much lesser and in any case not more than the accused No.1 who is granted anticipatory bail.
4.
Learned APP opposed the application contending that the trial Court in paragraph No.4 has set out elaborate reasons and the role of the applicant about having received Rs.60,00,000/- in his bank account out of the said transaction.
5.
The investigation is complete and the charge sheet is filed. Further custody of the applicant will only be by way of a pre-trial punishment. For the reasons mentioned in the order dated 02/11/2023 passed in Anticipatory Bail Application No. 2929 of 2023, I am inclined to enlarge the applicant on bail by imposing certain conditions. Hence, 2/4
the following order :-
O R D E R
(a) The application is allowed.
(b) The applicant- Pandit Kanha Bhoir in connection with C.R. No. 154 of 2023 registered with Badlapur East Police Station shall be released on bail on his furnishing P.R. Bond of Rs.30,000/- with one or more sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 30,000/- for a period of 6 weeks in lieu of surety.
(d) The applicant shall attend the Investigating Officer of Badlapur East police station as and when called.
(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall 3/4
not seek unnecessary adjournments.
(h) The applicant shall surrender his passport to the investigating officer. If the applicant does not have a passport, the applicant shall file an affidavit before the trial Court to that effect.
6.
The application is disposed of.
(M. S. KARNIK, J.) 4/4