Raju Shanmugam Tevar vs State Of Maharashtra on 7 September, 2023

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Bombay High Court

Raju Shanmugam Tevar vs State Of Maharashtra on 7 September, 2023

Bench: M. S. Karnik

2023:BHC-AS:26139

Darshan Patil 919.BA.1005-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.1005 OF 2023
WITH
INTERIM APPLICATION NO.1941 OF 2023

RAJU SHANMUGAM TEVAR S/O
SHANMUGAM TEVAR ..APPLICANT
VS.
THE STATE OF MAHARASHTRA AND ANR. ..RESPONDENTS
------------
Adv. Prabhu Selva Kumar and Adv. Varsha R. Mishra for the
Applicant.
Mr. N. B. Patil, APP for the State.
------------
CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 7, 2023.
P.C. :

1. Heard learned counsel for the applicant and learned

APP for the State.

2. This is an application for bail in respect of the offence

punishable under Sections 489(a)(b)(c)(d), 420 read with

34 of the Indian Penal Code registered on 28/02/2017 vide

C.R. No.69 of 2017 with Ambernath Police Station, District

Thane.

3. The applicant was arrested on 01/03/2017 and is in

custody for a period of 6 years and 6 months. It is

submitted that the applicant is suffering from chronic

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Darshan Patil 919.BA.1005-23.odt

tuberculosis. So far as the trial is concerned, I am informed

that the charges have been framed by the trial Court.

4. Learned APP while opposing the application states that

the applicant is arrested for a serious offence which affects

the economy. Learned APP further expresses an

apprehension that if granted bail, the applicant may not

attend trial as he is from the State of Karnataka.

5. Learned counsel for the applicant states that the

applicant has roots in Maharashtra. He submits that after

being released on bail, in any case, the applicant will not

leave Maharashtra without prior permission of the trial

Court.

6. Considering the long incarceration with the possibility

of trial concluding any time soon appearing remote, in the

facts and circumstances of the present case, the applicant

can be enlarged on bail. The investigation is complete and

the chargesheet has been filed. There are no criminal

antecedents reported against the applicant. Hence, the

following order :-

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Darshan Patil 919.BA.1005-23.odt

ORDER

       (a)      The application is allowed.

       (b)      The   applicant-    Raju   Shanmugam       Tevar      S/o

Shanmugam Tevar in connection with C.R. No. 69 of 2017 registered with Ambernath Police Station shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more local sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Ambernath police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) 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 the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(f) On being released on bail, the applicant shall not leave the State of Maharashtra without prior permission of the trial Court.

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Darshan Patil 919.BA.1005-23.odt

7. The bail application is disposed of. The interim application is disposed of.

(M. S. KARNIK, J.) 4/4 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 07/09/2023 18:35:22

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