Allowed

Tushar Devidas Bendre v. the State of Maharashtra

Bombay HC25 Jul 2014ABA/550/2014

Case brief

AI extract

What is this about?

In an application for anticipatory bail under section 306 read with section 34 IPC, the single judge granted bail holding that the facts warrant pre-arrest bail despite the filing of a post-facto complaint by the accused.

What did the court decide?

Anticipatory bail granted subject to furnishing a PR bond of Rs. 10,000 with one surety and reporting to the police on two consecutive Tuesdays.

Tushar Devidas Bendre Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2014)

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Sherla V.

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aba.550.2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.550 OF 2014

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Tushar Devidas Bendre ... Applicant Vs. The State of Maharashtra ... Respondent

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Ms.P.A. Borade for the Applicant Mr.Y.M. Nakhwa, APP, for Respondent – State

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CORAM: MRS.MRIDULA BHATKAR, J.

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DATE: JULY 25, 2014

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P.C.:

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This is an application for anticipatory bail as the applicant/accused is prosecuted for the offences punishable under section 306 r/w 34 of the Indian Penal Code. The wife of the deceased has given the information to the Akluj Police Station, Solapur pursuant to which the crime was registered at C.R. No.76 of 2014 on 5.4.2014. It is the case of the prosecution that the deceased was working as a salesman in the medical shop owned by the applicant/accused. However, the applicant/accused on 23.3.2014, made allegations that the deceased had taken Rs.6 to 7 lacs from his shop and the applicant/accused and his two brothers, who are the co-accused, were enquiring with him about the said money. The deceased informed his wife that he has not committed any offence and he has not taken any money. However, after 23.3.2014, since he did not

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aba.550.2014.doc

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return home, she gave a missing report. Thereafter, the applicant/accused and his two brothers came to her home and enquired the whereabouts of the deceased and also mentioned about the recovery of the amount. On 29.3.2014, she found through the police that her husband has committed suicide by jumping in the water of Ujni dam. She was informed by the police that he had drowned in the dam 3 to 4 days prior to 29.3.2014.

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Learned Counsel for the applicant/accused has submitted that on 25.3.2014, the present applicant/accused had lodged a complaint against the deceased that he had cheated the applicant/accused for Rs.6 to 7 lacs. He submitted that the deceased was in the employment of the applicant/accused and he had recovered nearly Rs.6 to 7 lacs from various parties but did not deposit the said money with the applicant/accused. The applicant/accused is innocent.

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Learned Prosecutor has opposed the application. He has submitted that applicant/accused filed complaint subsequent to his knowledge of the death of the deceased.

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Perused the complaint and also statements of the witnesses. It appears that the deceased has spent the amount which he had recovered for the applicant/accused and as he was questioned about the said

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aba.550.2014.doc

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amount by the applicant/accused, he had committed suicide. However, after perusal of the documents and the contents in the FIR, prima facie, I am of the view that it is a fit case to grant pre-arrest bail the applicant. Accordingly, the Anticipatory Bail Application is granted as under:

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i) In the event of arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one surety in the like amount. ii) The applicant shall cooperate with the investigating officer and shall report to the concerned police station on two consecutive Tuesdays i.e., 5^th August, 2014 and 12^th August, 2014 between 6pm to 7pm.

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(MRS.MRIDULA BHATKAR, J.)

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Tushar Devidas Bendre v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Tushar Devidas Bendre 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

Statutes considered

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Coram

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