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Bombay High CourtABA/147/2019anticipatory bail granted

Nilesh Mahadeorao Telkhande v. The State Of Maharashtra

2019-01-17Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 Yadav 923.aba.147.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 147 OF 2019 Nilesh Mahadeorao Telkhande ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Sachin Deokar for Applicant.

Ms. J. S. Lohokare, APP for Respondent - State. CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 17, 2019.

P.C. :

.

Having heard the learned Counsel for respective parties, it is noticed that the Applicant is also booked for an offfence punishable under Section 120­B of the Indian Penal Code. So as to justify the same the learned APP has relied upon the video recording. The memory card of video recording seems to have been seized, however, there are no details as regards the content of such video recording so as to identify the role of each of the Applicants who are named as Accused in the crime in question.

2/2 Yadav 923.aba.147.19 2.

The learned APP, on instruction, submits that the custodial interrogation of the Applicant is not required. Since the statement is made on instructions, same is accepted. Hence, the following order.

ORDER

(A) In the event of arrest in Crime No. 457 of 2018 punishable under Sections 307, 353, 332, 333, 143, 147, 148, 149, 109, 120­B, 504 & 506 of the Indian Penal Code and Sections 37(1)(3) and 135 of the Mumbai Police Act the Applicant be released on executing PR Bond of Rs. 25,000/­ with two sureties in the like amount. (B) Till filing of the chargesheet, the Applicant shall attend the Investigating Officer on any Tuesday and Friday between 10.00 a.m. to 12.00 noon .

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

3.

The Criminal Anticipatory Bail Application stands allowed to the above extent.

(NITIN W. SAMBRE, J.)