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Bombay High CourtABA/2512/2024allowed

Satyajit Dnyaneshwar Sherkar v. State Of Maharashtra

2024-09-06Hon'Ble Shri Justice R. N. Laddha3 pages

Digitally signed by CHITRA SANJAY SONAWANE Date:

2024.09.08 01:12:47 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2512 of 2024 Satyajit Dnyaneshwar Sherkar Age: 54 Years, Occ. Govt. Service, R/o. Room No.19/A, Building No.2, Raj Lakshaman Society, Kopri, Thane East ...Applicant

Versus

The State of Maharashtra (At the instance of Thane Nagar Police Station in FIR No.270 of 2023)

...Respondent

---- Mr Saurabh Butala, i/by Harshad Sathe, for the Applicant. Ms Supriya Kak, APP, for Respondent State.

PSI Bharat Markad, Thane Nagar Police Station, is present. ---- Coram: R.N. Laddha, J.

Date: 6 September 2024 P.C.:

This is an application for pre-arrest bail filed by the applicant, apprehending arrest in connection with CR No.270 of 2023, registered at Thane Nagar Police Station, Thane, for offences punishable under Sections 406 and 420, read with 34 of the Indian Penal Code.

2.

The prosecution alleges that from July 2022 to June 2023, the applicant and the co-accused deceived the informant into paying Rs.17,10,000/- by falsely promising jobs in the Indian Army for his daughter and nephew.

3.

At the outset, Ms Supriya Kak, the learned Additional Public Prosecutor representing the respondent/ State, on instructions from the investigating officer present in the Court, acknowledges that the applicant is not the beneficiary of the transaction and his custody is not required. Further, the prosecution extends its consent to grant pre-arrest bail to the applicant on appropriate conditions.

4.

Upon perusing the records, it appears the applicant is accused of introducing the informant to the co-accused. At first glance, the applicant does not seem to have benefited from the transaction. Given the above and the fact that the investigation is complete, a charge sheet is filed, and the prosecution does not need the applicant's custody and extends its consent to grant prearrest bail, the application stands allowed in the following terms: i.

In the event of the applicant's arrest in connection with CR No.270 of 2023, registered at Thane Nagar Police Station,

Thane, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

ii.

The applicant, himself or through any other person, shall not indulge in any activity that would tamper with the evidence or influence the witnesses.

5.

The application stands disposed of accordingly. (R.N. Laddha, J.)