3-ABA-244-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANT. BAIL APPLICATION NO.244 OF 2021

1 Mr. Ajit Shrinath Singh

2 Mr. Vijay Shrinath Singh

… Applicants

Vs

The State of Maharashtra & Anr.

... Respondents

…

Mr. Sanjeev Kadam i/by Mr. Prashant Raut for the

Applicant.

Mrs. Sharmila Kaushik, APP for the Respondent-State.

Mr. Ramchandra B. Prajapati, Original Complainant

present.

CORAM : SANDEEP K. SHINDE J.

DATE : 24

^th FEBRUARY, 2021.

P.C. :

Heard Mr. Kadam, learned counsel for the

applicants and the learned Additional Public Prosecutor for

the State. Also heard Ramchandra Lalbahadur Prajapati,

Complainant in Crime No.86 of 2020.

Shivgan 1/5

Shambhavi

N. Shivgan

Digitally

signed by

Shambhavi

N. Shivgan

Date:

2021.02.25

11:58:43

+0530

Shambhavi

N. Shivgan

Digitally signed by

Shambhavi N.

Shivgan

Date: 2021.02.25

14:40:41 +0530

3-ABA-244-2021.odt

2

Applicants sought pre-arrest protection in

connection with Crime No.I-86 of 2020 registered with CBD

Police Station, Navi Mumbai for the ofences punishable

under Sections 420, 406 read with Section 34 of the Indian

Penal Code, 1860.

3

On 27^th August, 2020 this Court granted interim

pre-arrest protection to the applicants on assurance that

they would deposit Rs.17 Lakhs in the registry of this Court

on or before 4^th September, 2020.

4

Admittedly, applicants did not deposit the amount

as assured, and, therefore, vide order dated 16^th

September, 2020, interim pre-arrest protection granted to

the applicants, was withdrawn.

5

Mr. Kadam, learned counsel for the applicants

submits that the applicants are willing to deposit Rs.17

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3-ABA-244-2021.odt

Lakhs in the Registry of this Court. As such, they have

tendered two Demand Drafts drawn in favour of Registrar

of the High Court, Appellate Side, Bombay for Rs.17 Lakhs.

6

In consideration of the facts aforesaid, the

applicants are directed to deposit Demand Drafts in the

Registry today.

7

Mr. Kadam on instructions submits that applicants

have no objection if the amount of Rs.17 Lakhs is

withdrawn by the complainant, Mr. Ramchandra Bahadurlal

Prajapati. Statement is accepted.

8

In consideration of the facts aforesaid, application

is allowed and the applicants are directed to be released on

bail in Crime No.I-86 of 2020 registered with CBD Police

Station, Navi Mumbai on executing PR bond in the sum of

Rs.30,000/- each, with one or more sureties in the like

amount.

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9

The applicants shall furnish their permanent

residential address and contact number to the Investigating

Officer forthwith.

10

The applicants shall not tamper with the

evidence or attempt to infuence or contact the

complainant, witnesses or any person concerned with the

case.

11

Complainant, Ramchandra Bahadurlal Prajapati is

granted liberty to withdraw the sum of Rs.17 Lakhs

deposited by the applicants in the Registry of this Court. If

an application is made by him, Registry shall process the

same at the earliest and pay Rs.17 Lakhs to the

complainant.

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12

It is clarifed that the applicants have deposited

Rs.17 Lakhs without prejudice to their rights and

contentions.

13

The application is accordingly allowed and

disposed of.

(SANDEEP K. SHINDE, J.)

Shivgan