Suresh Rupani v. State Of Maharashtra

2025:BHC-AS:9242 Sairaj

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 313 OF 2025 Suresh Rupani ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Mithilesh Mishra, for Applicant.

Mr. Mayur Sonavane, APP, for Respondent-State. Natha Gharge, P.I., Chakan Police Station.

CORAM

Sandesh D. Patil, J.

DATED:

PC:- 1.

By present Anticipatory Bail Application, Applicant is seeking pre-arrest bail in connection with C.R. No. 340 of 2024 registered with Chakan police station under the provisions of Sections 379, 308, 407, 436, 285, 336, 427, 34 of Indian Penal Code, 1860 along with Sections 3 and 7 of Essential Commodities Act, 1955 and Sections 3, 4 and 6 of Explosive Substance Act, 1908. 2.

The prosecution's case is that on 19.5.2024 at about 3:55 p.m., the Respondent received the information that a gas tanker has

exploded near Gurukripa Restaurant, as a result of which, two other gas tanker caught fire. It is further alleged that upon inquiry, it was found that the restaurant was owned by present Applicant. It was further alleged that Applicant along with his associates were stealing gas from the gas tanker and filling it in domestic gas cylinder. It was further alleged that Applicant was doing illegal business along with co-accused.

3.

On 10th February, 2025, this Court (Coram : Manish Pitale, J.) had considered the submission of Applicant and had protected Applicant with condition that Applicant should remain present before the Investigating Officer. This Interim relief was continued from time to time.

4.

Today, when the matter was called out, I am informed by Mr. Sonavane, learned APP that charge-sheet is filed against the other coaccused. This Court in order dated 10th February, 2025 had noted that the Applicant was not declared as proclaimed offender. Learned APP confirms this position.

5.

I have heard the Advocate for Applicant as well as Mr. Sonavane, learned APP. The First Information Report in question, was lodged on 19.5.2024. The police have completed the investigation and have filed charge-sheet on 13th August, 2024 against co-accused.

6.

Since the investigation in this matter is over, it cannot be said that the custodial interrogation of present Applicant is required. The involvement of Applicant in the offense will be considered at the time of trial. In any event, the custodial interrogation, in my opinion, is not necessary. The Applicant is already on interim bail since February, 2025, hence, the present Anticipatory Bail Application is allowed on the following terms:

i) In the event of arrest of Applicant in connection with C.R. No. 340 of 2024 registered with Chakan police station under the provisions of Sections 379, 308, 407, 436, 285, 336, 427, 34 of Indian Penal Code, 1860 along with Sections 3 and 7 of Essential Commodities Act, 1955 and Sections 3, 4 and 6 of Explosive Substance Act, 1908, the Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/- with one or two local sureties in the like amount;

ii) The Applicant shall attend the Chakan Police Station on 1st Monday of every month between 10 a.m. to 2 p.m. till the filing of charge-sheet against him.

iii) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

iv) The Applicant shall inform his latest place of residence and mobile contact number, change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

v) The Applicant to co-operate with the conduct of the trial;

vi) Any infraction of the aforesaid conditions shall entail cancellation of bail.

(Sandesh D. Patil, J)