1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 493 of 2010 Nadim Latif Tamboli ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Amit Sale for the applicant. Mr.M.S.Karnik for the original complainant. Mr.S.N. Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 17th February 2010 P.C. 1. Heard. 1. By this application, applicant seeks pre-arrest bail in connection with a c rime registered at Lasalgaon Police Station, Nashik under C.R. No.I-3/10 for an alleged offence punishable u/s.363 and 366 of the IPC. Pooja Shirsat, a minor girl went to the college in the morning of 30th December 2009 and did not return home. A missing report was lodged on 1st January 2010. On 6th January 2010, her uncle Mohan (hereinafter referred to as “the complainant”) lodged A FIR alleging 2 that one Wasim Latif Tamboli had kidnapped her by promising to marry. He further alleged that Latif Tamboli, the father of Wasim and Latif Tamboli (present applicant) who is a brother of Wasim helped Wasim in abduction of Pooja by providing financial assistance. Applicant is therefore sought to be arrested in connection with the crime. Admittedly, Pooja has not been abducted by the present applicant. The allegation against him is that he helped his brother Wasim in abducting by providing monetary assistance. The applicant is a young student, aged 20 years and there is no material on record to show that he himself has any financial capacity to help his brother. Learned APP was unable to point out any material (after taking instructions from Mr.Dudhal, Investigating Officer present in the court) collected so far to point out that the applicant could have rendered financial assistance and/or in any other manner helped Wasim in abduction of Pooja. Taking into consideration these circumstances in my view, applicant can be granted conditional pre-arrest bail. Hence, I pass the following order:- O R D E R In the event applicant is arrested in connection with C.R. No. I – 3 of 2010 he shall be released on bail on his executing P.R Bond of Rs. 3 10,000/- with one surety/cash security in lieu thereof of equivalent amount subject to the following conditions: (i) Applicant shall not interfere with the investigation and co-operate with the investigation. (ii) Applicant shall attend the concerned police station initially on each Sunday between 11.00 a.m. to 5.00 p.m for a period of four weeks and thereafter as and when specifically summoned by the police. This order shall remain in force for a period of two months or till the charge-sheet is filed, which ever is later. (D.G. KARNIK,J.)