Ahomo Efe Helen And Anr vs The State Of Maharashtra
2021 Latest Caselaw 15166 Bom

                                                          23.975.21 BA.doc

ISM
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL BAIL APPLICATION NO. 975 OF 2021

      AHOMO EFE HELEN AND ANR                      ....APPLICANTS

              V/s.

      THE STATE OF MAHARASHTRA                     .....RESPONDENT

      Mr. Yashpal Thakur advocate for the Applicants
      Mrs. Rutuja Ambekar APP for the State
      Ms. Manisha Jagtap for E.D.


                          CORAM :   NITIN W. SAMBRE, J.

                          DATE:     21st OCTOBER, 2021.

      P.C.:

      1]      Applicants are seeking bail in C.R. No. 385/2020 registered

with Vashi Police Station for offence punishable under Sections 188,

269, 270 r/w 34 of the Indian Penal Code, Section 3 of The Epidemic

Diseases Act, Section 12 of The Passports Act, 1967, Section 14(a) of

The Foreigners Act and Section 65(e) of Maharashtra Prohibition Act.

Applicants were arrested on 05/12/2020 and charge-sheeted on

08/02/2021.

23.975.21 BA.doc

2] Case of the prosecution is, applicant overstayed in the receiving

country i.e. India without valid Visa.

3] I am informed that co-accused is already ordered to be released

on regular bail in this crime by an order of Magistrate dated

28/07/2021.

4] This Court on last occasion, having regard to the Judgment of

the Goa Bench in the matter of Suo Motu Petition No. 1 of 2019 has

called upon the Chief Secretary of State of Maharashtra so also

counsel for Union of India to submit its response/compliance in view

of directions issued in the aforesaid judgment.

5] Counsel for Union of India informs that framing of policy is

under process in view of the aforesaid Judgment and relevant

statistics are being collected. It is further informed that same is likely

to take sometime.

6] In the aforesaid background and having regard to the fact that

23.975.21 BA.doc

other co-accused is already ordered to be released on bail, in my

opinion, applicant also deserves similar relief.

(i) Applicants be released on bail in C.R. No. 385/2020 registered with Vashi Police Station for offence punishable under Sections 188, 269, 270 r/w 34 of the Indian Penal Code, Section 3 of The Epidemic Diseases Act, Section 12 of The Passports Act, 1967, Section 14(a) of The Foreigners Act and Section 65(e) of Maharashtra Prohibition Act, upon furnishing P.R. bond in the sum of Rs. 50,000/- each with one or more local sureties in the like amount.

(ii) Applicants shall neither influence the prosecution witnesses in any manner nor tamper with the evidence.

(iii) Applicants shall attend the concerned police station on every third day till appropriate Visa is issued to the applicants.

(iv) Applicants shall not leave India without prior permission of the Court below.

7] Application stands disposed of.

[NITIN W. SAMBRE, J.]