1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2977 OF 2005 APPLICATION NO.2977 OF 2005 APPLICATION NO.2977 OF 2005 Shiva Sargappa Kandarkar ...Applicant Vs. The State of Maharashtra ...Respondent ...................................................... ...................................................... ...................................................... Office Office Office Notes, Office Notes, Office Notes, Office Memorandum Memorandum Memorandum of Coram, of Coram, of Coram, appearances, appearances, appearances, Court’s Court’s Court’s Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s orders orders orders or directions or directions or directions orders orders orders & Registrar’s orders Registrar’s orders Registrar’s orders ...................................................... ...................................................... ...................................................... Shri.Harshad Bhadbhade i/b.Imtiyaz Ahmedi Patel for the Applicant. Shri. A. S. Gadkari, A.P.P. for the Respondent. CORAM CORAM CORAM : A.S. OKA,J. : A.S. OKA,J. : A.S. OKA,J. DATED DATED DATED : JULY 14, 2005. : JULY 14, 2005. : JULY 14, 2005. P.C.: P.C.: P.C.: . For the reasons seperately recorded in the judgment, the following is the operative part of the order: i) Criminal Application No.2977 of 2005 is allowed. Applicant Shiva Shetty @ Shiva Sangappa Khandalkar shall be enlarged on bail in connection with C.R.No.270 of 2004 of N.M. Joshi Marg Police Station, subject to furnishing a personal bond of Rs.50,000/- with two local sureties in the like amount. 2 ii) The Bail is granted subject to condition that till the conclusion of the trial, the Applicant will not enter the city of Mumbai without permission of the concerned court except for attending to the dates fixed in the case. iii) The Applicant Shiva will be enlarged on bail only after he furnishes his address of place of residence to the concern officer of the jail where he is detained and to the Investigating Officer. He will also furnish alongwith the address his telephone number and cell phone number, if any. iv) The Bail is granted subject to condition that before effect is given to the order, the Applicant will surrender his passport to the Investigating Officer. If the Applicant does not possess passport, he will file an affidavit to that effect in this Court within a period of one week from today. 3 v) The Bail is granted subject to condition that the Applicant will report once in a week to the concerned police station within whose jurisdiction he is going to reside after he is released on bail. vi) The Bail is granted subject to condition that the Applicant shall not directly or indirectly, make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with prosecution evidence. vii) The Applicant shall co-operate with the learned Trial Judge for expeditious disposal of the trial. Any attempt by the Applicant to delay the trial may be a ground for cancellation of bail. viii) Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the 4 time of trial. ix) Application is disposed of in the above terms. x) The parties to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE