1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1001 OF 2011 Mozes alias Rangayya Solomon Marri.Applicant V/s. The State of Maharashtra .Respondent Mr.Amit Sale, Advocate, for the Applicant Mrs.M.R.Tidke, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 12TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for anticipatory bail by a person, who apprehends arrest in connection with C.R.No.48 of 2011 for the offences punishable under Sections 376, 406, 504, 506 read with Section 34 of the Indian Penal Code registered with Miraj City Police Station, District Sangli and who is alleged to 2 have convinced a widow to keep relations with him telling her that he would continue to have relations with his wife, as well as widow. The applicant is alleged to have taken a sum of ` 75,000/- to ` 80,000/- from the said widow. A private complaint itself was filed on 13th October, 2011 in respect of the incident which took place in 2010. The learned counsel for the applicant states that the applicant is not at all involved in such incident. All the same, to show his bona fide, he would deposit a sum of ` 80,000/- with the Sessions Court, Sangli. In view of this, Anticipatory Bail Application is, therefore, allowed. In the event of arrest, applicant be released on bail on his furnishing P.R.Bond of ` 20,000/- with one or more solvent sureties in the aggregate sum of ` 20,000/- on the following conditions. (i) The applicant shall report at the Miraj City Police Station, District Sangli on 16th December, 2011 at 11.00 a.m. and thereafter, as and when required by the investigating officer. The applicant shall deposit a sum of ` 80,000/- with the Sessions Court, Sangli within 3 a period of two weeks which amount the learned Judge shall invest in interest earning deposit in a Nationalized Bank and deal with it at the end of the trial as per the result of the trial. If the amount is not so deposited, the order shall stand revoked. (ii) The applicant shall make himself available for interrogation by a police officer as and when required. (iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) The applicant shall not leave India without the previous permission of the Court. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court in AIR 2011 (SC) 312(Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). (R.C.CHAVAN, J.) 4 2. Admit. 3. Call for R & P. relying on the Judgment in Manohar M. Kulkarni v/s. State of Maharashtra, reported at 2005 Cri.L.J.4653 in view of the Judgment of the Supreme Court in ASHABAI MACHINDRA ADHAGALE Versus STATE OF MAHARASHTRA AND OTHERS, reported at (2009) 3 Supreme Court Cases 789 has been specifically overruled. . This is an application for anticipatory bail by a person, or who is/are arrested who are arrested/apprehends arrest in connection with C.R.No. of for the offence punishable under Section .... of the Indian Penal Code registered with Police Station, seeks enlargement on bail. 5 2. Applicant's being at large may not prejudice a fair trial. 3. The learned Magistrate shall invest the said amount in interest earning deposit in a Nationalized Bank and deal with it at the end of the trial as per the result of the trial. If the amount is not so deposited, the order shall stand revoked. (i) The applicant shall report at the police station concerned from/on in between 10.00 a.m.to 1.00 p.m. for a period of one week and thereafter, as and when required by the investigating officer. (ii) The applicant shall make himself available for interrogation by a police officer as and when required. (iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) The applicant shall not leave India without the previous permission of the Court. (This para should be typed in the disposal application not in S.O.) 6 4. Criminal Application is disposed of. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court in AIR 2011 (SC) 312(Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). (R.C.CHAVAN, J.)