IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.461 OF 2008 CRIMINAL APPLICATION NO.461 OF 2008 CRIMINAL APPLICATION NO.461 OF 2008 Nainesh Ramesh Patil & Ors. .. Applicants. Versus The State of Maharashtra .. Respondent. Mr.Prakash Naik for the applicant. Mr.K.V.Saste, A.P.P. for the State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 16th April, 2008. DATED : 16th April, 2008. DATED : 16th April, 2008. P.C.: P.C.: P.C.: 1. Heard learned Advocate Mr.Naik for the applicants and Mr.K.V.Saste, A.P.P. for the State. 2. The applicants are apprehending their arrest in connection with C.R.No.58 of 2008 for the offences punishable under Sections 498-A, 307, 316, 323, 504, 506 r/w. 34 of the Indian Penal Code. 3. The respondent No.2 wife instituted a private complaint before the learned Sessions Judge, Palghar, Dist.Thane, who directed the Boisar Police Station to conduct investigation under Section 156(3) of the Code of Criminal Procedure against the present applicants. Having considered the entire material on record, it is clear that practically, the entire investigation is over. Statements of atleast 6 to 7 persons including the parents of the respondent No.2 wife have been recorded. To my mind, the investigation is practically complete. 4. The interim bail application was granted to the present applicants way back in February, 2008. The police have not arrested the applicants till date which clearly goes to show that the police are not very serious about taking the present applicants in custody and go for custodial interrogation. 5. It is submitted that certain Streedhan-Mangalsutra of the respondent No.2 wife is yet to be recovered from the applicants and for that the custodial interrogation of the applicants is necessary. 6. I do not accept this argument. I am satisfied that substantial investigation is over. This is a fit case where discretion of this Court clearly goes in favour of the applicants. In this view of the matter, the present applicants would be entitled to anticipatory bail if they are put on certain terms and conditions. Hence, I am inclined to grant this application. a) In the event of arrest of any of the applicants in connection with C.R.No.58 of 2008 registered with Boisar police station, the concerned applicants shall be released on bail in the sum of Rs.15,000/- each with one surety in the like amount. The applicants to execute P.R.Bond in the sum of Rs.15,000/- each. (b) The applicants shall report to the concerned Police Station; firstly on 25th April, 2008 and thereafter till 30th April, 2008 as and when called for and, thereafter, on every Saturday between 11.00 a.m. and 5.00 p.m. till filing of charge-sheet and shall co-operate with the investigating agency. (c) The applicants shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (d) This order of anticipatory bail shall operate till the filing of the charge-sheet. After filing of charge-sheet, it would be open for the applicants to apply for regular bail before regular court. 7. Application stands disposed of accordingly. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)