Disposed

Shantaram Waman Padar v. the State of Maharashtra

Bombay HC28 Mar 2024ABA/2485/2021

Case brief

AI extract

What is this about?

Anticipatory bail under Section 438 CrPC for offences under Sections 406/420/34 IPC; investigation complete and charge-sheet filed with co-accused already granted bail. Court made the applicant's existing interim protection absolute with conditions including PR bond and trial attendance.

What did the court decide?

Interim protection made absolute: release on PR bond of Rs.25,000 with sureties in event of arrest, subject to trial attendance and no tampering/influencing conditions.

Shantaram Waman Padar Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2024)

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10 aba 2485.21 as.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.2485 OF 2021

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Shantaram Waman Pagar ....Applicant
V/S
The State of Maharashtra....Respondent

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Mr. Akhilesh Dubey a/w Mr. Varad Dubey and Mr. Rajuram i/b
Mr. Jayawant Avhad for the Applicant.
Mr. Ashok S. Gawai, APP for Respondent/State.

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CORAM: SANDEEP V. MARNE, J.
DATE : 28 MARCH 2024.

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P.C.:

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1This is an Application for pre-arrest bail under provisions of section
438 of the Code of Criminal Procedure in connection with Crime No.257
of 2021 registered with Ambad police station, Nashik under sections 406,
420 read with section 34 of the Indian Penal Code.

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2It appears that the investigations into the crime are already complete
and a charge-sheet has been filed against all the accused including the
Applicant on 27 October 2021. It appears that the other two co-accused
were arrested in connection with the crime in respect of one of the co-
accused, he was granted bail during pendency of the investigation on 1
October 2021. After the investigation got completed and charge-sheet was
filed on 22 October 2021, the second co-accused came to be granted bail by
the Magistrate by order dated 27 October 2021.

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3Considering the fact that the investigations are already complete and
charge-sheet has been filed on 22 October 2021 so also the fact that the
Applicant is under interim protection granted by this Court on 25 October
2021, in my view the said interim protection deserves to be made absolute.

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4Accordingly the Anticipatory Bail Application is disposed of in terms
of the following order:

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(i) In the event of arrest of the Applicant in C.R. No. 257 of 2021
registered with Ambad Police Station, Nashik for the offences punishable
under sections 406, 420 read with section 34 of the Indian Penal Code, he
shall be released on executing PR bond for the sum of Rs.25,000/-
(Rs. Twenty Five Thousand only) with one or more sureties in the like
sum.

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(ii) The Applicant shall also remain present on each date before the
Trial Court, unless exempted.

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(iii) The Applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person concerned
with the case.

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(SANDEEP V. MARNE, J.)

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Digitally signed by SUDARSHANRAJALINGAM SUDARSHANRAJALINGAMKATKAM KATKAM Date: 2024.03.30 10:32:54 +0530

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Page No. 2 of 2

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katkam

Shantaram Waman Padar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shantaram Waman Padar 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

Parties & counsel

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