Allowed

Rakesh Prakash Terse v. the State of Maharashtra

Bombay HC19 Nov 2014BA/2177/2014

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal conspiracy case where he was the principal offender and absconded, imposing stringent conditions of attachment of property and regular reporting to the investigating officer.

What did the court decide?

Applicant released on bail with undertaking not to dispose of attached properties and condition to report to Investigating Officer twice weekly.

Rakesh Prakash Terse Vs the State of Maharashtra — Bail and Remand | Bombay HC (2014)

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Tilak 1/3 (3)BA-2177-14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.2177 of 2014

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Rakesh Prakash Terse .. Applicant Versus The State of Maharashtra .. Respondent ---

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Mr.S.R.Chitnis, Sr.Advocate i/b Nitin Sejpal and Pooja Bhojne, Advocates for the applicant. Mr.Deepak Thakre, APP for the Respondent State.

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CORAM : ABHAY M. THIPSAY, J. DATED : 19^th NOVEMBER 2014. ---

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P.C. :

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1 Heard Mr.S.R.Chitnis, learned Senior Advocate for the applicant. Heard Mr.Deepak Thakre, learned APP for the State. I have gone through the application, and a copy of the charge-sheet that is annexed thereto.

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2 Mr.Chitnis submitted that there are 39 accused who have been arrested in this case, and that except the applicant, all the others have been released on bail. He also submitted that the applicant is in custody since 23^rd September 2013. It is submitted that the allegation against the applicant and the other accused is of their having entered into a conspiracy and that, therefore, when the others have been released on bail, the applicant also may be released on bail.

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Tilak 2/3 (3)BA-2177-14

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3 The learned APP emphasized that the applicant has played a greater role in the alleged offence. It is submitted that the applicant is the 'brain' behind the offences in question. It is submitted that he has used his knowledge of the working of the computer system, and has committed the offences in question.

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4 It is also pointed out that the applicant was absconding for quite some time after the registration of the offence.

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5 Indeed, there are grounds for believing that the role attributed to the applicant is more serious than attributed to the other accused. It also appears that the applicant had absconded after the registration of the offence.

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6 It is, however, a fact that the applicant is in custody for a period of more than one year. What is significant is that the entire properties allegedly earned by the applicant by committing the offences in question, have been traced in the course of investigation, and the process of attachment of these properties is going on. It appears from the say filed by the police that some of the properties have been purchased by the applicant in the name of his wife Smt. Prajakta, who is also a co-accused in this case. The applicant's wife has already given in writing at the time of consideration of her bail application that she was ready and willing to have the property surrendered to the Government.

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7 Mr.Chitnis, the learned Senior Advocate submits that the applicant is ready to give an undertaking to the Court that the

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Tilak 3/3 (3)BA-2177-14

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applicant shall not dispose of, or create any third party rights or interest in the properties that have been traced by the Investigating Agency, and in respect of which the process of attachment is said to be going on.

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8 Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail, but only on stringent conditions.

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9 Application is allowed.

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10 Applicant is ordered to be released on bail in the sum of Rs.3,00,000/- (Rupees Three lakhs) with one surety in like amount, or two sureties in the sum of Rs.1,50,000/- each, on the condition that the applicant shall report to the office of the Investigating Officer at Alibag on every Wednesday and every Saturday between 11.00 a.m to 2.00 p.m, till the disposal of the case against him, or until further orders of the trial court, whichever is earlier. Any default in that regard may forthwith be reported by the Investigating Officer to the trial court which shall take an appropriate further action in the matter treating this bail order as if passed by it.

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11 The applicant shall file an undertaking in writing in the trial court that he shall not dispose of, part with, or create any third party interest in the properties which are being attached at the instance of the Investigating Agency.

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12 Application is disposed of accordingly.

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(ABHAY M.THIPSAY, J)

Rakesh Prakash Terse v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rakesh Prakash Terse v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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