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Bombay High CourtABA/808/2019disposed off

Dilipkumar S/O Babulal Pratite v. State Of Mah., Thr. P.S.O. Ps Sakoli Dist Bhandara And Another

2020-01-13Hon'Ble Shri Justice V.M. Deshpande2 pages

aba808.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 808 OF 2019 Dilipkumar s/o Babulal Pratite .Vs. State of Maharashtra, through PSO, PS, Sakoli, Dist. Bhandara and another.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. Shashibhushan Wahane, Advocate for applicant. Mr. N.B. Jawade, A.P.P. for non applicant no.1-State. Mrs. M.R. Chandurkar, Standing Counsel for non applicant no.2 CORAM : V. M. DESHPANDE, J.

DATED : JANUARY 13, 2020 Heard Mr. Wahane, learned counsel for applicant, Mr. Jawade, learned Additional Public Prosecutor for non applicant no.1-State and Mrs. Chandurkar, learned Standing Counsel for non applicant no.2 -CBI.

Mr. Vishwas Kumar Meena, Inspector, Central Bureau of Investigation (CBI), is personally present in the Court. On 18.12.2019, this application for pre-arrest bail was listed. On that day, upon instructions from the inspector, Mrs. Chandurkar, learned Standing Counsel submitted, that custodial presence of the applicant is not necessary. Said statement is on record. Today, this application is taken for consideration. Learned Standing Counsel for CBI makes a fair statement that CBI does not require custodial presence of the applicant. It is submitted to this Court that as and when the custodial presence of the

aba808.19.odt applicant will be necessary, he shall attend the office of the CBI.

In view of the aforesaid statement, the present application is disposed of on following terms :

ORDER

(i) The application is disposed of.

(ii) In the event of arrest in connection with Crime No.304/2019 registered with Police Station Sakoli, Dist. Bhandara for an offence punishable under Sections 302, 201, 120(B), 466 read with Section 34 of the Indian Penal Code which is presently investigated by the CBI and in which the CBI has also registered a Crime, vide FIR No. RC0572019S0006 (RC-6(S)/2019-Mum), applicant - Dilipkumar s/o Babulal Pratite be released on bail, on he executing P.R. bond in the sum of 50,000/- with one ₹ solvent surety in the like amount.

(iii) Applicant is directed to attend the office of the CBI at the place and time decided by the CBI Officer. However, for that the CBI Officer shall give a clear cut two days prior written communication to the applicant. The application is disposed of.

JUDGE srwagh