Allowed

Subhash Mahaling Karade v. the State of Maharashtra

Bombay HC27 Jun 2011ABA/38/2011

Case brief

AI extract

What is this about?

This common order grants anticipatory bail to multiple applicants, who were Directors of Miraj Urban Co-operative Bank accused of illegal and dishonest loan disbursements. The court noted that the Managing Director involved in similar transactions had already been granted bail and that the investigating agency did not require custodial interrogation.

What did the court decide?

Anticipatory bail applications allowed. Applicants to be released on bail upon arrest with conditions to attend the police station weekly and not leave Sangli district without permission.

Subhash Mahaling Karade Vs the State of Maharashtra — Company and Corporate | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.37 OF 2011

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ALONG WITH

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ANTICIPATORY BAIL APPLICATION NO.38 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.39 OF 2011

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Subhash Mahaling Karade ... Applicant V/s. The State of Maharashtra. Thru' Miraj City Police Station ... Respondent

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AND

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ANTICIPATORY BAIL APPLICATION NO.155 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.156 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.157 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.158 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.159 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.160 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.161 OF 2011

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AND

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Dixit

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ANTICIPATORY BAIL APPLICATION NO.163 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.164 OF 2011 AND

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ANTICIPATORY BAIL APPLICATION NO.165 OF 2011

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AND

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ANTICIPATORY BAIL APPLICATION NO.166 OF 2011

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Rajendra Madhukar Deval & Ors. ... Applicants V/s. The State of Maharashtra ... Respondent

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AND

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ANTICIPATORY BAIL APPLICATION NO.162 OF 2011

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Rajendra Madhukar Deval ... Applicant V/s. The State of Maharashtra ... Respondent

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Mr. Umesh Mankapure for the Applicant in ABA/37/2011, ABA/38/2011 and ABA/39/2011.

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Mr. Shirish Gupte, Sr. Advocate, i/b. Mr. Prakash Naik for the Applicants in ABA/155/2011, ABA/156/2011, ABA/157/2011 and ABA/158/2011.

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Mr. Shirish Gupte, Sr. Advocate, i/b. Mr. Subodh Desai for the Applicants in ABA/159/2011, ABA/160/2011, ABA/161/2011 and ABA/162/2011.

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Mr. Shirish Gupte, Sr. Advocate, i/b. Mrs. Sharmila Kaushik for the Applicants in ABA/163/2011, ABA/164/2011, ABA/165/2011 and ABA/166/2011.

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Mrs. S.D. Shinde, APP, for the Respondent.

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The Investigating Officer is present in person.

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Dixit

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CORAM:- A.M. THIPSAY, J. DATED :- 27TH JUNE, 2011.

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P.C. :

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1. Heard.

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All these Applications for anticipatory bail are being decided by this common order.

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The Applicants in these Anticipatory Bail Applications were, at the material time, the Directors of the Miraj Urban Co-operative Bank Limited. The allegation against the Applicants is that several illegalities and irregularities took place in the affairs of the Bank. The allegation is that the Managing Director and the other Directors disbursed various loans dishonestly, without taking proper security and, without following the rules and procedure for disbursing of loans. It also appears that in the statutory audit, that was carried out, the Auditor noticed and pointed out various illegalities and irregularities. The loans disbursed in such illegal and/or irregular manner were not repaid, causing a loss to the said Bank. The Applicants, therefore, lodged various complaints against one Ashok Balkrishna Tawse, who was, at the material time, the Managing Director of the said Bank, and some others – borrowers –, alleging commission of offences punishable under Section 420 IPC, 465 IPC, 467 IPC, 471 IPC read with Section 34 of the IPC in the Court of J.M.F.C., Miraj. The Magistrate ordered investigation into those complaints, as contemplated under Section 156(3) of the Code of Criminal Procedure, pursuant to which crimes were registered and investigation commenced. In the course of investigation, the Investigating Agency came to the conclusion that the Applicants

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themselves, who had made complaints against the said Managing Director and various borrowers, were also involved in the alleged offences. As a result of this conclusion or formation of opinion by the Investigating Agency, the Applicants are also sought to be arrested in various cases which were, interestingly, initiated on the basis of their own complaints.

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The Managing Director has, admittedly, been granted anticipatory bail by the Court of Sessions itself. It was in the year 2007. That in all the cases, that had been filed against him and the borrowers by various persons, who are presently the Applicants before me, the said Managing Director was granted anticipatory bail is not in dispute at all.

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I have specifically asked the learned APP and the Investigating Officer PSI Vikas Tele, who is present before the Court, as to whether any application for cancellation of the anticipatory bail, that was granted to the Managing Director, was made by the Investigating Agency. I am told that no such application was made. It was also said, on specific questioning, that it was never contemplated and that, even today there was no intention to challenge the order granting anticipatory bail to the said Managing Director.

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It appears that the role of the present Applicants – or any of them - cannot be said to be of a greater degree of criminality, if any, than that of the Managing Director. At least, no such contention has been advanced before me.

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The Investigating Officer, on specifically questioning, states that there would be no difficulty in carrying out the investigation even if anticipatory bail is granted to the Applicants. On the contrary, it is submitted before me that it would be useful

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in the investigation as the Applicants can be made to abide by the terms and conditions that may be imposed while releasing them on anticipatory bail.

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Under these circumstances, I have asked the learned APP as to whether the Investigating Agency was opposing grant of anticipatory bail to the present Applicants. In view of what has been stated by the Investigating Officer, the learned APP submits that the present Applicants may be granted bail particularly because the Managing Director has already been granted anticipatory bail by the Court of Sessions itself.

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Mrs. Shinde, the learned APP, also submits that the proceedings for recovery of the outstanding loans are in progress. The learned Counsel for the Applicants submit that the Applicants shall abide by the conditions which this Court may impose while granting anticipatory bail to them. The Applicants have been protected by the grant of interim anticipatory bail since quite some time.

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Considering all the relevant aspects of the matter and, more particularly, the aforesaid two aspects - namely – (i) that the Managing Director of the said Bank has been granted anticipatory bail and (ii) the Investigating Agency does not require the custodial detention/interrogation of any of the Applicants, I think it fit to grant anticipatory bail to the Applicants.

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11. The Anticipatory Bail Applications are allowed.

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Operative Order in Anticipatory Bail Application No.37 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (b).

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In the event of his arrest in C.R. No.8 of 2006 of Miraj City Police Station, Dist. Sangli, the Applicant be released on bail in the sum of Rs.30,000/-, with one surety in like amount, on the following conditions :

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(i). The Applicant shall attend the Miraj City Police Station, Dist. Sangli, every Monday, between 11:00 a.m. to 2:00 p.m., and make himself available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicant shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.38 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (b).

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In the event of his arrest in C.R. No.11 of 2006 of Miraj City Police Station, Dist. Sangli, the Applicant be released on bail in the sum of Rs.30,000/-, with one surety in like amount, on the following conditions :

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(i). The Applicant shall attend the Miraj City Police Station, Dist. Sangli, every Monday, between 11:00 a.m. to 2:00

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p.m., and make himself available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicant shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.39 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (b).

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In the event of his arrest in C.R. No.16 of 2006 of Miraj City Police Station, Dist. Sangli, the Applicant be released on bail in the sum of Rs.30,000/-, with one surety in like amount, on the following conditions :

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(i). The Applicant shall attend the Miraj City Police Station, Dist. Sangli, every Monday, between 11:00 a.m. to 2:00 p.m., and make himself available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicant shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.155 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.44 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.156 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.45 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail

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in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.157 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.49 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.158 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.51 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.159 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.52 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.160 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.57 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail

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in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.161 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.59 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.162 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of his arrest in R.C.C. No.61 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicant be released on bail in the sum of Rs.50,000/-, with one surety in like amount, on the following conditions :

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(i). The Applicant shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make himself available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicant shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Dixit

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Operative Order in Anticipatory Bail Application No.163 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.62 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.164 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.81 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail

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in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.165 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.82 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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Operative Order in Anticipatory Bail Application No.166 of 2011

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The Anticipatory Bail Application is allowed in terms of prayer clause (a).

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In the event of their arrest in R.C.C. No.84 of 2006, pending before the J.M.F.C., Miraj, Dist. Sangli, the Applicants be released on bail in the sum of Rs.50,000/- each, with one surety in like amount, on the following conditions :

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(i). The Applicants shall attend the Miraj City Police Station, Dist. Sangli, every Tuesday, between 11:00 a.m. to 2:00 p.m., and make themselves available for investigation/interrogation until further orders and, more often, if so required by the Investigating Officer.

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(ii). The Applicants shall not leave the local limits of Sangli District for a period of more than 24 hours, without the express permission of the Investigating Officer.

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[ A.M. THIPSAY, J.]

Subhash Mahaling Karade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Subhash Mahaling Karade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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