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2024 Supreme(Bom) 1112

2024:BHC-AUG:29502 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
951 ANTICIPATORY BAIL APPLN. NO. 880 OF 2024
1] SANKALP RAMDAS GADEKAR
2] SUMANBAI WD/O. RAMDAS GADEKAR VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicants : Mr.S.G.Kawade APP for Respondent-State : Mrs.V.S.Chaudhari Advocate for the Assist to P.P. : Mr.R.M.Bhagwat h/f.
Adv.G.P.Shinde …
AND CRIMINAL APPLICATION NO. 4918 OF 2024 IN ANTICIPATORY BAIL APPLN. NO.880 OF 2024 HARIDAS AAPPASO GADEKAR VERSUS THE STATE OF MAHARASHTRA & OTHERS …
Advocate for the applicant : Mr.R.M.Bhagwat h/f.
Adv.G.P.Shinde APP for Respondent-State : Mrs.V.S.Chaudhari Advocate for respondent nos. 2 and 3 : Mr.S.G.Kawade ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 12.12.2024  

The court confirmed interim protection for applicants in an anticipatory bail application, emphasizing cooperation with the investigation and setting conditions for bail.

Headnote:(A) Indian Penal Code - Sections 420, 468, 471, 506, and 34 - Anticipatory bail application - Applicants apprehending arrest in connection with a criminal case - Amount of Rs.33,00,000/- deposited in court and informant seeks withdrawal - Compromise between parties leads to quashing of FIR - Interim protection granted to applicants confirmed with conditions for cooperation with investigation. (Paras 2, 5, 6)

(B) Conditions of Bail - Applicants must attend police station when called, not tamper with evidence, and cooperate with the investigation - Violation of conditions may lead to cancellation of bail. (Paras 6, 7)

Facts of the case:
The applicants approached the court fearing arrest for offences under IPC, having deposited a total of Rs.33,00,000/- in court, and the informant sought to withdraw this amount following a compromise.

Findings of Court:
The interim protection granted to the applicants is confirmed, subject to conditions ensuring cooperation with the investigation.

Issues: The main issues addressed include the applicants' apprehension of arrest and the implications of the compromise between the parties.

Ratio Decidendi: The court emphasized the importance of cooperation with the investigation and set conditions for the applicants to ensure compliance, while confirming interim protection.

Result: Application stands disposed of.

JUDGMENT :

(ARUN R. PEDNEKER, J.)

1] Heard learned counsel for the applicants and the learned APP for the respondent-State.

2] The applicants have approached this Court apprehending arrest in connection with Crime No. 406/2024, registered with Sadar Bajar Police Station, Jalna, for the offences punishable under Sections 420, 468, 471, 506 and 34 of the Indian Penal Code.

3] The learned counsel for the applicants submits that the applicants have deposited the amount of Rs.16,00,000/- on 22.08.2024 and Rs.17,00,000/- 25.11.2024 in this Court. He has no objections if the amount is given to the informant. The learned counsel for the applicant submits that this Court, by order dated 15th July, 2024, has granted interim protection in favour of the applicants and they have attended the concerned police station and have cooperated with the investigation.

4] The learned counsel for the parties submits that the parties have compromised the matter and applied for quashing of the FIR.

5] Criminal Application No.4918 of 2024 is filed by the informant, seeking withdrawal of the amount deposited in this Court. The applicants–accused in Anticipatory Bail Application No. 880 of 2024 have no objection for allowing the application, in view of the compromise between the parties. Thus, the informant is permitted to withdraw the amount deposited by the applicants in ABA No.880 of 2024. Criminal Application No.4918 of 2024 is disposed of accordingly.

6] Considering that in pursuance of the interim protection granted by this Court, the applicants have attended the concerned police station and have cooperated with the investigation. In view of the same, the interim protection granted by order dated 15th July, 2024 stands confirmed, on the following conditions :

i] The applicants shall attend the concerned police station as and when called by the investigating officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

7] In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The application stands disposed of.  

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