Harsimransingh Ajitsingh Sethi v. State Of Maharashtra
SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2025.01.03 19:58:24 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Interim Application No.5367 of 2024 In Bail Application No.4207 of 2024 Harsimransingh Ajitsingh Sethi Age 36 years, Occ: Business, Residing at A256, 2nd Floor, Derawal Nagar, Dr. Mukherjee Nagar, North West Delhi,Delhi 110009 (At present lodged in Taloja Central Prison, Raigad) ... Applicant versus The State of Maharashtra (Through Anti-Terrorist Squad, Kalachowki Unit, Mumbai vide C.R. No.15 of 2022) ... Respondent ---- Mr Mithilesh Mishra, i/b. Falguni Brahmbhatt, for the applicant.
Ms AA Takalkar, APP, for the respondent/ State. PI Pratibha Shendge, a/w. HC/2160 Ajay More, ATS Navi Mumbai Unit, are present.
---- Coram: R.N. Laddha, J.
Date: 3 January 2025.
P.C.:
Heard Mr Mithilesh Mishra, the learned Counsel
appearing on behalf of the applicant and Ms AA Takalkar, the learned Additional Public Prosecutor representing the respondent/ State.
2.
This is an application for interim bail in connection with C.R.No.15 of 2022, registered with the Anti-Terrorist Squad, Kalachowki Unit, Mumbai, to enable the applicant to attend the final rites of his mother, who passed away on 21 December 2024, and whose body is currently kept in a mortuary in Delhi. 3.
The learned Counsel, appearing on behalf of the applicant, submits that in the regular bail application, which is pending since October 2024, the prosecution has not filed the reply till date and the applicant has been falsely implicated in the crime and has been languishing in jail since last two years. Although the charge sheet has been filed, the charges are yet to be framed. Further, the learned Counsel for the applicant submits that after attending the final rites, the applicant will surrender to the jail authorities on the morning of 13 January 2025. He also submits that the applicant undertakes to surrender his passport, provide his residential and contact information, and abide by the conditions this Court imposes. 4.
The learned Additional Public Prosecutor representing the
respondent/ State submits that the offence is serious and the applicant may tamper with the prosecution witnesses. She also tenders a Report dated 30 December 2024 signed by PI Pratibha Shendge, Anti-Terrorist Squad, Navi Mumbai Unit. The learned APP confirms the death of the applicant's mother and the fact that the body of the applicant's mother is still kept in a mortuary in Delhi.
5.
Considering the circumstances on record, especially the fact of death of the mother of the applicant, which the learned APP confirms, the application is allowed in the following terms: (i) The applicant, Harsimransingh Ajitsingh Sethi, shall be released on interim bail in CR No.15 of 2022, registered with the Anti-Terrorist Squad, Kalachowki Unit, Mumbai, upon furnishing a cash surety of Rs.2,00,000/- from 4 January 2025 to 13 January 2025.
(ii) The applicant shall surrender his passport before the investigating officer.
(iii) The applicant shall provide the investigating officer with his proposed residential address and cell number.
(iv) The applicant shall surrender to the jail authorities on or before 13 January 2025 and shall report to the concerned local police station on every alternate date.
(v) The applicant, himself or through any other person, shall not tamper with the evidence or influence witnesses.
6.
The application stands disposed of accordingly. (R.N. Laddha, J.)