1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.3905 OF 2008 (GIRDHARILAL SOHANLAL AGRAWAL VS. STATE OF MAHARASHTRA) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri Sunil Manohar with Shri Rizwy, Advocate for applicant Shri T.A.Mirza, A.P.P. for Respondent/State. Shri Nitin Lalwani, Advocate to assist the prosecution. CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 17, 2008. CRI.APPLN.NO.3917/2008. 1. Heard. 2. Permission granted. CRI.APPLN.NO. 3905/2008. 1. Heard learned counsel for the parties. 2. This is application for bail by one Giridharilal Agrawal for the offences punishable under Sections 143, 144, 147, 148, 149, 323, 452, 395, 294, 506B r/w 120B of the Penal Code on report of applicant's own brother Sushil Sohanlal Agrawal. It seems that Sushil Agrawal and present applicant have a dispute in respect of some property. The applicant had 2 been arrested in Crime No.115/2008 and was ordered to be bailed out in Criminal Application No.3674 of 2008 on 24th October, 2008. Just before 24.10.2008, the applicant was arrested in this crime. 3. In the reply filed by the learned A.P.P. it is stated that the complainant had also filed Civil Suit No. 581/2006 in which injunction has been granted in favour of the complainant. It is alleged that the applicant, along with other accused, went to the property, Khasra No.46, with deadly weapons and broke open the gate of the compound and took away the gate as well as three billboards, which was witnessed by one Suresh Chopdar. It is also stated that the applicant is involved in other criminal activities as well. Annexure to the reply shows that out of seven criminal matters, pending against the applicant, he had been discharged in three and acquitted in one. Two cases under Sections 379, 461, 380 and 511 of IPC are pending in the Court and Crime No.115/2008 is under investigation (in which the applicant was ordered to be bailed out on 24.10.2008). 3 4. Considering the nature of the allegations made against the applicant, it is not clear as to what the prosecution seeks to achieve by having the applicant behind the bars till the investigation is over. 5. In view of this, the applicant be released on his furnishing P.R.B. in Rs. One Lac with one more solvent sureties in the aggregate sum of Rs.One Lac. The applicant shall stay outside the Nagpur District and shall enter Nagpur District only when the police officers summon him or for the purpose of trial. The applicant shall inform of his address at which he proposes to reside to the Investigating Officer. The applicant shall attend the nearest Police Station every alternate day at 10.00 a.m. for next two months and thereafter if the chargesheet is still not filed, every Sunday at 10.00 a.m. till the chargesheet is filed. The applicant shall furnish information in respect of his mobiles/ landlines, telephones which he intends to use, to the Investigating Officer. He shall keep the Investigating Officer informed of his movements. 4 6. The applicant will be at liberty to apply for modification of these conditions after the chargesheet is filed. 7. Hamdast granted. JUDGE RR.