Shashank Chandrahas Jadhav And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2107 OF 2018

1. Shashank Chandrahas Jadhav

2. Sunil Shrimant Ugade ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Vishal L. Kolekar for the Applicant.

Mr. N.B. Patil, APP for the Respondent­State. Mr. Patil, PSI Sadar Bazar police Station, Solapur city, present. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 25th OCTOBER, 2018.

P.C.:­ This is an application under Section 438 of the Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R. No.606 of 2018 registered with Sadar Bazar Police Station, District­Solapur City, for offences punishable under Sections 269, 276 and 420 r/w. 34 of the Indian Penal Code, 1860.

2.

Heard Mr. Vishal Kolekar, the learned counsel for the Applicants and Mr. N.B. Patil, the learned APP for the Respondent­ State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 1/3

3.

By a detailed order dated 11th October, 2018 this Court had granted interim bail to the aforesaid Applicants. The Applicants were also directed to report to the Investigation Officer for a period of four days from 15.10.2018. The learned counsel for the Applicants has stated that the Applicants have complied with the said condition and that the Applicants have already been interrogated and hence, presence of the Applicants is not required for the purpose of interrogation and investigation.

4.

Even otherwise the nature of allegations do not justify custodial interrogation. The Applicants are permanent residents of Solapur, hence there are no chances of their absconding or fleeing from justice. The Applicants have no criminal antecedents. 5.

Considering the above facts and circumstances, the Applicants are entitled for pre­arrest bail. Hence, the application is allowed on following terms and conditions:­ (i) In the event of arrest of the Applicants in C.R. No.606 of 2018 registered at Sadar Bazar Police Station, District ­Solapur, the Applicants shall be released on bail on 2/3

furnishing bail bonds of Rs.25,000/­ each with one or two solvent sureties in the like amount.

(ii) The Applicants shall furnish their permanent as well as temporary addresses, if any, and their contact details to the concerned Investigation Officer. (iii) The Applicants shall not change their residential addresses without prior intimation to the concerned Investigation Officer.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3