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Bombay High CourtABA/62/2019anticipatory bail granted

Rahul Mahadev Kondhare v. The State Of Maharashtra

2019-01-10Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 Yadav 923.aba.62.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 62 OF 2019 Rahul Mahadev Kondhare ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Abhijit Kulkarni I/by D.D. & Abhijit Associates for Applicant. Ms. Rutuja Ambekar, APP for Respondent - State. CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 10, 2019.

P.C. :

.

In pursuant to the order dated 29th September 2018 passed in Writ Petition No. 2511 of 2017 along with other connected Writ Petition and Application, the Applicant is seeking pre­arrest bail in Crime No. 272 of 2017 for an offence punishable under Sections 409, 406, 420, 465, 467, 468, 471, 447 read with Section 34 of the Indian Penal Code. 2.

Considering the status of the Applicant as an encroacher and having regard to the observations made by the Division Bench in the order dated 29th September 2017, there is hardly any material to infer that the

2/2 Yadav 923.aba.62.2019 Applicant's custodial interrogation is warranted. In view thereof, following order is passed.

ORDER

(A) In the event of arrest in Crime No. 272 of 2017 for an offence punishable under Sections 409, 406, 420, 465, 467, 468, 471, 447 read with Section 34 of the Indian Penal Code, the Applicant be released on executing PR Bond of Rs.10,000/­ with one or two sureties in the like amount.

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

(C) The Applicant shall neither tamper the evidence of prosecution nor influence the prosecution witnesses.

3.

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