R.R. Nair v. The Union Territory Of Dnh Daman And Diu And ORS

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 183 OF 2024 R. R. Nair ...Applicant Vs.

The Union Territory of DNH Daman and

...Respondents

Diu and Others SAYALI DEEPAK UPASANI Mr. Sunny Punamiya with Ms. Kinnari Mehta, for Applicant. Mr. Bapu V. Holambe Patil, APP for State-Respondent. by SAYALI DEEPAK UPASANI Date: 2024.03.15 19:11:10 +0530 Mr. H. S. Venegavkar, SPP for UOI-Respondent No. 1. CORAM:- N. J. JAMADAR, J.

DATED:- 14th MARCH, 2024 PC :- 1) Heard the learned Counsel for the applicant and the learned Special Public Prosecutor for Respondent No. 1. 2) Mr. Venegavkar, the learned Special Public Prosecutor fairly points out that the co-accused have been protected by an order dated 8th January, 2024, passed by a Co-ordinate Bench in ABA No. 28 of 2024 and that application is scheduled to be listed on 20th March, 2024.

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3) The applicant had preferred ABA No. 3442 of 202. The said application was disposed by this Court directing the applicant to approach the jurisdictional Court of Session and, in the meanwhile, the applicant be not arrested in CR No. 333 of 2023, Coastal P.S. Moti Daman for a period of three weeks. The learned Sessions Judge, thereafter, rejected the application preferred by the applicant for pre-arrest bail.

4) Since the co-accused have been granted interim protection and the applicant has shown willingness to join in the investigation, it may be expedient to grant interim relief to the applicant while directing him to join in the investigation and hear this application along with ABA No. 28 of 2024. 5) Hence, the following order.

ORDER

I) In the event of arrest of the applicant in connection with C.R. No. 33 of 2023, registered with Moti Daman Police Station, Daman, for the offences punishable under Sections 420, 465, 4666, 467, 468, 471, 477A and 201 read with Section 34 of Indian Penal Code, the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount. 2/3

II) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case.

III) The applicant shall co-operate with the investigation and attend Moti Daman Police Station, Daman on 16th and 18th March, 2024 between 10.00 am to 1.00 pm and, thereafter, as and when directed by the Investigating Officer.

IV) Stand over to 20th March, 2024 along with ABA No. 28 of 2024.

[N. J. JAMADAR, J.] 3/3