Gaurav Rajeev Parekh v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1926 OF 2023 Mandar Mohan Ubale S/o Mohan Ubale ...Applicant
Versus
State Of Maharashtra
...Respondent
WITH ANTICIPATORY BAIL APPLICATION NO. 1803 OF 2023 Gaurav Rajeev Parekh ...Applicant
Versus
State Of Maharashtra
...Respondent
Mr. Aniket Nikam with Mr. Mr.Brijesh Pathak and Yogesh Hargude Advocate for the Applicant in ABA/1926/2023. by ETHAPE DNYANESHWAR ASHOK Date:
2023.09.14 11:07:57 +0530 ETHAPE DNYANESHWAR ASHOK Mr. Nitin Gaware Patil Advocate for Applicant in ABA/1803/2023.
Mr. S. V. Garand, APP for the Respondent - State. API Jaysing Patil, Shirala Police Station, Present.
CORAM
:
N. J. JAMADAR, J.
DATE :
12th SEPTEMBER, 2023.
PC.
:
1.
Those applications are preferred for pre-arrest bail in connection with C.R. No. 94 of 2023 registered with Shirala Police Station, Sangli for offences punishable under Sections 489(B) and 489 (C) of Indian Penal Code, 1860. 2.
By an order dated 5th July 2023 passed in Anticipatory Bail Application No. 1803 of 2023, this Court had granted interim protection to applicant-accused Gaurav Parekh as it
was submitted on behalf of the applicant that, he was an innocent transferee of the alleged 13 counterfeit currency notes. The Investigating Agency was granted time to unearth the source of counterfeit currency notes.
3.
In Anticipatory Bail Application No. 1926 of 2023 by an order dated 11th July 2023, the applicant-accused Mandar Mohan Ubale was also granted interim protection. 4.
The learned APP, on instructions, submits that the investigation revealed that, the counterfeit currency notes were transferred by the applicants to accused No.2 Aditya Pardeshi and accused No.1 Savita Lokare.
5.
The said counterfeit currency were, in turn, transferred to applicant and accused Nos.3 and 4 by accused No.5 Dilip Bergal, who was apprehended, and during the course of investigation, it transpired that, the counterfeit currency notes were handed over to him by accused No.6 Sharad Kadam. The said accused had also been arrested. 6.
Prima facie, the applicants appear to have come in custody of the counterfeit currency as innocent transferees. In the backdrop of the nature of the accusation and the trail of counterfeit currency notes, at this juncture, custodial
interrogation of the applicants does not seem to be warranted. I am, therefore, persuaded to make orders of interim bail absolute.
Hence, following order:
ORDER
(i) Anticipatory Bail Application Nos. 1926 of 2023 and 1803 of 2023 are allowed;
(ii) Order of interim bail dated 5th July 2023 and 11th July 2023, in the respective applications, are made absolute on the terms and conditions incorporated therein. (iii) In addition, the applicants shall regularly attend the proceedings before the jurisdictional Court.
(iv) Applications stand disposed.
(v) It is clarifed that these prima facie observations are confned to determine entitlement to pre-arrest bail only. (N. J. JAMADAR, J.)