Anil Baburao Disale And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3061 OF 2024

1. Anil Baburao Disale

2. Sangita Anil Disale

3. Sagar Anil Disale

4. Swapnil Anil Disale ...

Applicants

Versus

The State of Maharashtra ...

Respondent ****** Mr. Satyavrat Joshi i/by Sachin Zalte-Patil for the Applicants. Mr. Prasanna P. Malshe, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 19th NOVEMBER 2024 P.C. :

.

Heard learned counsel for the applicants and learned APP for the respondent-State.

2.

The applicants are apprehending arrest in connection with FIR No. 0870 of 2024 dated 15th October 2024 registered at Barshi City Police Station, Dist. Solapur, for offences under Sections 109 of the Indian Penal Code, 1860 (IPC) and Sections 13(2), 13(1)(b) and 13(1)(e) of the Prevention of Corruption Act, 1988.

3.

The offence in the present case concerns the allegation about the applicants having assets disproportionate to their known BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.11.19 15:13:50 +0530 sources of income.

4.

The learned counsel for the applicants submits that the aforesaid FIR has been filed due to complaints made by political rivals. It is submitted that the applicants are ready to cooperate with the investigation.

5.

The learned APP submits that the Sessions Court recorded in its order that despite several reminders to the applicants, they have failed to appear before the Investigating Officer. 6.

Considering the nature of offence in the present case, it necessarily involves documentary material and if the grievance of the Investigating Officer is that the applicants have not appeared before him, an appropriate direction can be issued. But, at this stage, physical custody of the applicants may not be necessary, so long as they cooperate with the investigation. 7.

In view of the above, there shall be interim order in the following terms :

(a) Till the next date, in the event the applicants are arrested in connection with FIR No. 0870 of 2024 dated 15th October 2024 registered at Barshi City Police Station, Dist. Solapur, they shall be released on bail on furnishing PR Bond of Rs.50,000/- each and one or two sureties in the like amount. (b) The applicants shall remain present before the Investigating Officer on 25th and 26th November 2024 between 10:00 a.m. and 12:00 noon and thereafter, as and when called by

the Investigating Officer. The applicants shall cooperate with the investigation.

(c) The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

8.

In the event, the applicants violate any of the aforesaid conditions, the order passed today would be recalled. 9.

List this application for further consideration on 3rd January 2025 (High on Board).

MANISH PITALE, J.