ABA-465-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.465 OF 2011 Goldie Parshotam Sud ... Applicant V/s. The State of Maharashtra, Thru' Sahar Police Station ... Respondent Mr. Mahesh Jethmalani, Sr. Counsel, i/b. Mrs. Shivani Kunder for the Applicant. Mrs. A.A. Mane, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 8 TH JUNE, 2011. P.C. : 1. Heard Mr. Mahesh Jethmalani, the learned Counsel for the Applicant, and Mrs. Mane, the learned APP for the Respondent. 2. I have gone through the say filed by the Senior Inspector of Police, Sahar Police Station, Mumbai, which is taken on record. 3. The Applicant is sought to be arrested in C.R. No.156 of 2011 of Sahar Police Station, which is in respect of the offences punishable under Section 279 IPC, 337 IPC and 353 IPC. The offences punishable under Section 279 IPC and 337 of the IPC are bailable. 4. The case of the investigating agency is that the Applicant drove his vehicle rashly and/or negligently and caused injuries to a Policeman and a warden ABA-465-11.sxw 2 Dixit and obstructed them from discharging their duties as public servants. After going through the record, I do not think that the offence is of such a gravity so as to make it desirable that the Applicant should be detained in custody though the detention does not seem to be necessary for the purpose of investigation. 5. The anticipatory bail application is opposed by advancing two contentions. The first is that the Applicant gave a false name to the Police. This, even if accepted, would not be sufficient to refuse to grant anticipatory bail to the Applicant when otherwise he seems to be deserving it. The concerned officers of the Police would be at liberty to take an appropriate action against the Applicant on the allegation of his having given false information about his name and address to them. 6. The second ground is that there are 23 cases registered against the Applicant so far. I have heard Mr. Jethmalani on this. He submits that the Applicant is the owner of a property situated at Khar, known as Gazibo Shopping Centre. He submits that the property is surrounded by hawkers and the stalls put by them. He submits that a Politician is interested in the said property and, therefore, at his instance and by instigating the hawkers, Municipal and Police Authorities, a number of false cases have been filed against the Applicant. He also submits that out of the 23 cases, 7 cases have been compounded, and in 2 cases, the Applicant has been discharged. He also showed copies of two orders passed in two of the cases filed against the Applicant and pointed out the observations made by the Court in those orders to the effect that the possibility of the Applicant having been falsely implicated in those cases could not be ruled out. ABA-465-11.sxw 3 Dixit 7. Without going deeper into those aspects, since in the present case there does not seem to be any necessity of the detention and custodial interrogation of the Applicant and since the offences allegedly committed by the Applicant cannot be said to be too grave so as to require his detention in spite of this aspect, I am inclined to grant anticipatory bail to him. 8. In the event of his arrest in C.R. No.156 of 2011 of Sahar Police Station, the Applicant be released on bail in the sum of Rs.25,000/- with one surety in like amount, on the condition to attend the Police Station every day between 6:00 p.m. to 8:00 p.m. and make himself available for investigation/ interrogation for a period of one week and even thereafter, as and when required by the I.O. [A.M. THIPSAY, J.]