Allowed

Kashinath Mangtoolal Tapuriah v. Union of India and Ors.

Bombay HC25 Jul 2013BA/535/2013

Case brief

AI extract

What is this about?

In PMLA bail application, the Bombay HC granted bail to the 77-year-old sick applicant for three months. Upon seeking continuation, the court extended release on medical grounds with a reduced cash deposit, allowing one week to complete payment.

What did the court decide?

Applicant released on bail with ₹1 Lac total deposit; additional ₹50,000 due within one week; conditions to remain in Mumbai and inform authorities of address.

Kashinath Mangtoolal Tapuriah Vs Union of India and Ors. — Bail and Remand | Bombay HC (2013)

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2-BA-535-2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.535 OF 2013

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KASHINATH MANGTOOLAL TAPURIAH )...APPLICANT

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V/s.

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UNION OF INDIA AND ORS. )...RESPONDENTS

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Mr.A.H.H.Ponda a/w. Mr.Tarun Sharma Advocate for the Applicant.

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Mr.H.S.Venegavkar Advocate a/w. Mr.N.Natarajan Special Public Prosecutor for Respondent Nos.1 & 3.

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Mrs.S.V.Sonawane APP for the State / Respondent No.2.

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Investigating Officer Mr.D.Shanmugham, Asstt.Director, E.D. Mumbai, present in the court.

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CORAM: ABHAY M. THIPSAY, J. DATE : 25^th JULY, 2013.

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P.C. :

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1 Heard Mr.A.H.H.Ponda, the learned counsel for the applicant, Mr.Venegavkar with Mr.Natarajan, the learned counsel for respondent nos.1 & 3, and Mrs.S.V.Sonawane, the learned APP for the State.

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2 The applicant, who is an accused in P.M.L.A.Case No.1 of 2011, prays for bail, primarily on the ground that he is a sick person and is suffering from multiple ailments.

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2-BA-535-2013

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3 It is not in dispute that the applicant is aged about 77 years, and that, he has remained in custody as an under-trial prisoner, for about 26 months.

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4 When the present application came up for hearing on 25.4.2013, this court directed release of the applicant on bail, for a period of three months on medical grounds. The period of three months is now getting over, and by the present application, the applicant prays that the bail, which was granted to him only for the period of three months, be continued further till the conclusion of the trial.

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5 The compilation of documents relating to the medical condition of the applicant is tendered today to the court by Mr.Ponda. The same is taken on record. Copies have been furnished to the counsel for the respondents.

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6 I find that while passing the order for temporary bail, this court had taken into consideration all the contentions advanced by the parties.

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7 The medical condition of the applicant does not seem to have been improved thereafter. It appears that the applicant is suffering from a number of ailments, and that this is so, is not disputed by the counsel for the respondents.

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2-BA-535-2013

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8 Considering all the relevant aspects of the matter, I think it fit to release the applicant on bail, mainly on the ground of his sickness.

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9 Under the circumstances, after hearing the learned counsel for the applicant and the learned counsel for the respondents, the following order is passed –

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10 The applicant is allowed.

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11 The applicant is ordered to be released on bail in the sum of Rs.1 Lac, with one surety in the like amount, or cash deposit of Rs.1 Lac in lieu of surety on the following conditions :

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i) The applicant shall not leave Mumbai for any purpose, save and except with the permission of the trial court.

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ii) The applicant shall submit to the investigating agency in writing, his address where he would be staying after his release on bail.

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iii)The applicant shall not change this address without giving previous intimation to the investigating agency, as well as the trial court.

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2-BA-535-2013

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12 Since the applicant has already deposited cash of Rs.50,000/-, pursuant to the temporary bail order passed in his favour, he may deposit only an additional sum of Rs.50,000/-, to make up the bail amount.

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The applicant may do so, within a period of one week from

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today.

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(ABHAY M. THIPSAY, J.)

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Kashinath Mangtoolal Tapuriah v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Kashinath Mangtoolal Tapuriah v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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