IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1462/08 Sandeep Daulatrao Sarnaik vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 5 th May, 2008. Heard Shri Anil Mardikar, Advocate,f or the applicant and Shri D.B.Patel, A.P.P. for respondent. This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail. In the present case, considering the allegations against the applicant, no interim order was passed. Learned A.P.P. had opposed this application, pointing out that there are 5 offences of serious nature pending against the applicant vide para 7 of the reply. Learned counsel for the applicant was directed to file affidavit of the applicant giving explanation to the same. It is submitted on affidavit that the applicant has been acquitted in the first case i.e. for the offence under Section 379, 323, 504, 506 r/w Section 34 of the IPC. As per the applicant, for the offences at Sr.No. 2 & 3, encounter specialist, Ravindra Angre had filed those false cases and he himself is in jail. As regards case at Sr.No.4, it is offence under Section 506(II) & Section 114 of the IPC. As regards last serious offence i.e. offence under Section 302 & 201 of the IPC, learned counsel for the applicant has submitted that the Investigating Authority had filed report under Section 169 of Cr.P.C. It precisely speaks against the respondent. In this view of the matter, there is no sufficient material on record to refuse the application of the applicant. However, the order would be subject to conditions. The applicant, in the event of arrest for the offences punishable under Sections 147, 142, 149, 307, 395 of IPC and Section 4 (25) of the Arms Act and Section 135 of the Bombay Police Act, in Crime No. 44/2008 of Police Station Murtizapur, he be released on bail on furnishing surety and P.R.Bond of Rs. 25,000/- subject to conditions that he shall report at Police Station Murtizapur, as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence and shall not leave the jurisdiction of P.S. Murtizapur without prior permission of the I.O. till the investigation is over. Application stands disposed of. JUDGE Rvj