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Bombay High CourtABA/2704/2018anticipatory bail granted

Gabrial Paskal Farnandes v. The State Of Maharashtra

2019-01-04Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 Yadav 33.aba.2704.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2704 OF 2018 Gabrial Paskal Farnandes ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Rajendra Sorankar for Applicant.

Ms. S. S. Kaushik, APP for Respondent - State. Mr. V. S. Jadhav, API, Local Crime Branch, Satara present in Court. CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 4, 2019.

P.C. :

.

In Crime No. 92 of 2018 punishable under Sections 408, 420, 468, 471, 474 and 120-B of the Indian Penal Code the Applicant is seeking pre-arrest bail.

2.

Perused the order passed by the learned Judge of this Court in Testamentary Proceedings being Originating Summons No.120 of 2018 in Testamentary Suit No. 14 of 2004 in Testamentary Petition No. 80 of 2014 on 19th July 2018, the Will of deceased Bipin Laxmichand Gupta dated 20th June 2003 and other documents.

2/2 Yadav 33.aba.2704.18 3.

The matter is already sub-judice before the Civil Court. Apart from above, the nature of allegations depicts that the dispute involved is of civil in nature. In that view of the matter, following order is passed.

ORDER

(A) In the event of arrest in Crime No. 92 of 2018 punishable under Sections 408, 420, 468, 471, 474 and 120-B of the Indian Penal Code, the Applicant be released on executing PR Bond of Rs. 15,000/- with one surety in the like amount.

(B) The Applicant shall attend the Investigating Officer as and when directed.

(C) The Applicant shall not tamper the evidence of prosecution nor influence the prosecution witnesses.

4.

Anticipatory Bail Application stands disposed of accordingly. (NITIN W. SAMBRE, J.)