Gajendra Onkar Kanade vs The State Of Maharashtra
2021 Latest Caselaw 3241 Bom

                                                                       922.ABA.1028.2020.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                ANTICIPATORY BAIL APPLICATION NO.1028 OF 2020

                             ATUL BABURAO PATIL
                                    VERSUS
                        THE STATE OF MAHARASHTRA
                                       ...
                  Advocate for Applicant : Mr. N.L. Choudhari
                   APP for Respondent/State: Mr. P.G. Borade
                                       ...
                                     WITH
               ANTICIPATORY BAIL APPLICATION NO.1043 OF 2020

                             GAJENDRA ONKAR KANADE
                                       VERSUS
                            THE STATE OF MAHARASHTRA
                                          ...
                         Advocate for Applicant : Mr. R.B. Ade
                       APP for Respondent/State: Mr. P.G. Borade
                                          ...
                                  CORAM       :   MANGESH S. PATIL, J.


                                    DATE    :    18.02.2021
PER COURT :
                 In both these applications, though those have been styled as
Application for Anticipatory Bail purportedly under Section 438 of the Code
of Criminal Procedure, in fact the applicants seem to be aggrieved and
dissatisfied by one of the conditions imposed by the learned Additional
Sessions Judge while granting them anticipatory bail, whereby, they were
directed to deposit certain amount before a specific date else, it was
ordered, that the applications would stand rejected.


2.               This Court in ABA No.952/2020 by the judgment and order
dated 18.01.2021, in case of co-accused in respect of whom a similar
condition is imposed has, for the detailed reasons allowed the Application.
Consequently even the present Applications, for the self same reasons
deserve to be allowed and are accordingly allowed.

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                                                                           922.ABA.1028.2020.odt


                                        ORDER

i) Applications stand allowed.

ii) The ad-interim protection granted by this Court earlier to the applicants vide order dated 05.11.2020 and 06.11.2020 respectively, are hereby confirmed and made absolute. In other words, in the event of arrest of the present applicants in connection with Crime No.527 of 2020 registered with Dhule City Police Station, District Dhule for the offence punishable under Sections 420, 120-B read with Section 34 of the Indian Penal Code, they be released on personal recognizance for an amount of Rs.30,000/- each with two sureties of Rs.15,000/- each.

iii) The applicants shall not tamper with the evidence of the prosecution in any manner. They should cooperate with the investigation.

iv) They shall remain present before the Investigating Officer on every Monday between 10.00 a.m. to 2.00 p.m. till further orders.

v) They shall not indulge in any criminal activity.

(MANGESH S. PATIL, J.)

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