ABA-493-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.493 OF 2011 Kashinath Tapuriah ... Applicant V/s. The State of Maharashtra, Thru’ Worli Police Station, Mumbai ... Respondent Mr. M.J. Bandgar for the Applicant. Mr. K.V. Saste, APP, for the Respondent. The Investigating Officer is present. CORAM:- A.M. THIPSAY, J. DATED :- 28 TH JUNE, 2011. P.C. : 1. Heard. 2. Pursuant to the order passed by this Court on 14th June, 2011, the Applicant as well as the co-accused Hasan Ali have been interrogated. I am told that the Investigating Officer has also confronted the Applicant as well as the said Hasan Ali with respect to the contradictory or conflicting statements made by them. 3. The Applicant is already in custody in P.M.L.A. Case No.1 of 2011. 4. So far as this case is concerned, the co-accused Hasan Ali has been granted bail. Detention of the Applicant in this case, without granting bail to him, is not ABA-493-11.sxw 2 Dixit necessary from the point of view of investigation. The Applicant came to be involved on the basis of the statement made by the co-accused about three years after his arrest. 5. In any case, granting anticipatory bail to the Applicant in this case would not affect the interest of investigation, as the Investigating Agency can always interrogate the Applicant while he continues to be in custody in the said other case. Considering the time gap, after which the allegation came to be levelled against the Applicant, that the allegation is based only on the statement made by the co- accused and, further, that the Applicant is found to be available to the Investigating Agency for the purpose of interrogation, I am inclined to allow the Anticipatory Bail Application. 6. In the event of his arrest in C.R. No.28 of 2008 of Worli Police Station, Mumbai, the Applicant be released on bail in the sum of Rs.50,000/-, with one surety in like amount. 7. The Special Court, under whose orders the Applicant has been detained in judicial custody, shall permit the Investigating Agency to interrogate the Applicant in connection with this case, as and when any request is reasonably made in that regard by the Investigating Agency. 8. The Anticipatory Bail Application is disposed of accordingly. [A.M. THIPSAY, J.]