Allowed

Swapnil Shahadev Ubale v. the State of Maharashtra

Bombay HC26 Oct 2023ABA/1208/2023

Case brief

AI extract

What is this about?

Two anticipatory bail applications were pending seeking pre-arrest bail in a fake candidate case involving cheating and examination malpractice offences. The court converted interim bail into absolute bail for both applicants, imposing conditions for investigation cooperation and no tampering with evidence.

What did the court decide?

Interim protection made absolute for Swapnil Sahadev Ubale; Balaji Ramdas Chavare to be released on bail upon future arrest by furnishing a Rs. 30,000 bond and sureties.

Swapnil Shahadev Ubale Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2023)

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[email protected]

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1208 OF 2023

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Swapnil Sahadev Ubale ...Applicant vs. The State of Maharashtra ...Respondent

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WITH

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ANTICIPATORY BAIL APPLICATION NO.397 OF 2023

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Balaji Ramdas Chavare ...Applicant vs. The State of Maharashtra ...Respondent

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Mr. M.G. Shukla i/b. Mr. Omkar Wable, for the Applicant in ABA No. 1208 of 2023.

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Mr. Samay Pawar, for the Applicant in ABA No. 397 of 2023. Mr. S.H. Yadav, APP, for the Respondent/State. Mr. Hemant Gurao, PI, Kherwadi police station.

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CORAM : N. J. JAMADAR, J. DATE : OCTOBER 26, 2023

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P.C.:

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Heard the learned counsel for the applicants and the learned APP for the State.

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These applications are preferred seeking pre-arrest bail in connection with C.R. No. 1015 of 2022 registered at Kherwadi police station for the offences punishable under sections 419 and 420 of Indian penal Code, 1860 and sections 7 and 8 of the Maharashtra Prevention of Malpractices at University, Board and Other Specified Examinations Act, 1982.

Vishal Parekar

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By an order dated 24^th April, 2023 the interim protection was granted to the applicant in ABA No. 1208 of 2023 and by an order dated 23^rd February, 2023 interim protection was granted to the applicant in ABA NO. 397 of 2023.

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Prima facie, it appears that dummy candidates who allegedly appeared for the applicants, were not apprehended at the time of the examination. The applicants have appeared before the investigating officer and cooperated with the investigation. Prima facie, in the aforesaid view of the matter and the fact that the interim protection has been in operation since February, 2023 in ABA No. 397 of 2023 and April, 2023 in ABA No. 1208 of 2023, at this length of time, further custodial interrogation of the applicants does not seem warranted for effective investigation. I am, therefore, persuaded to make the orders of interim bail absolute.

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The interim order dated 24^th April, 2023 is made absolute on the terms and conditions incorporated therein.

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In addition, the applicant Swapnil Sahadev Ubale (ABA No. 1208 of 2023) shall henceforth appear before the investigating officer as and when directed.

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In the event of arrest in C.R. No. 1015 of 2023 registered with Kherwadi police station, the applicant Balaji Ramdas Chavare (ABA No. 397 of 2023) be released on bail on furnishing a P.R. bond in the

Vishal Parekar

...2

sum of Rs.30,000/- with one or two sureties in the like amount.

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The applicant shall cooperate with the investigation and attend Kherwadi police station as and when directed.

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The applicant shall not tamper with the prosecution evidence

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and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case.

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The applicant shall regularly attend the proceedings before the jurisdictional Court.

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It is clarified that these prima facie observations are confined

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to determine entitlement to pre-arrest bail only.

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Applications disposed.

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(N. J. JAMADAR, J.)

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Vishal Parekar

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...3

Swapnil Shahadev Ubale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Swapnil Shahadev Ubale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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