Azim S Bagwan v. The State Of Maharashtra

k 1/3 905 cri aba 81.25 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.81 OF 2025 Azim S. Bagwan ....Applicant V/S The State of Maharashtra ....Respondent ________ Mr. Vivek V. Salunke for the Applicant.

Mr. Ajay S. Patil, APP for Respondent/State.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 04 FEBRUARY 2025.

P.C.:

This is an Application for pre-arrest bail under section 438 of the Code of Criminal Procedure, 1973 in connection with C.R. No.67 of 2021 registered with Poynad Police Station, District Raigad-Alibag for an offences punishable under section 420, 406, 467, 468 and 471 read with section 34 of the Indian Penal Code. When the Application came up for hearing on 17 January 2025, Mr. Salunke, the learned counsel appearing for the Applicant made a statement for deposit of amount of Rs.72,500/- in the Court of Judicial Magistrate First Class, Alibag. Accordingly the deposit is made by the Applicant and photocopy of the receipt issued by the Court of Judicial Magistrate First Class, Alibag is placed on record.

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k 2/3 905 cri aba 81.25 as.doc Mr. Salunke would invite my attention to the order dated 20 March 2024 passed by me granting bail to co-accused Rahul Chandrapal Gehlot. One of the considerations applied by this Court while granting bail in Anticipatory Bail Application No.3070 of 2021 was deposit of amount of Rs.72,500/- by the said Applicant. With the deposit of balance amount of Rs.72,500/- by the present Applicant, entire amount claimed by the Complainant appears to have been secured. In that view of the matter, the Applicant also deserves to be granted anticipatory bail on the principle of parity.

I accordingly proceed to pass the following order: i) In the event of arrest of the Applicant in connection with C.R. No.67 of 2021 registered with Poynad Police Station District Raigad-Alibag for an offences punishable under section 420, 406, 467, 468 and 471 read with section 34 of the Indian Penal Code, the Applicant be released on bail on furnishing PR bonds in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The Applicant shall remain present before the Investigating Officer as and when summoned and shall cooperate for completion of investigations. iii) The Applicant shall not attempt to contact or pressurize the Complainant or any of the witnesses associated with the case in any manner nor shall he tamper with the evidence in the case. 2 of

k 3/3 905 cri aba 81.25 as.doc iv) The Applicant shall attend each date of hearing before the Trial Court unless exempted With the above directions, Application is allowed and disposed of.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.02.04 18:36:26 +0530 SUDARSHAN RAJALINGAM KATKAM 3 of