Bombay High Court
Rajesh Jagdishprasad Agarwal vs The State Of Maharashtra on 30 July, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1554 OF 2019
Rajesh Jagdishprasad Agarwal ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr.Aabad Ponda, i/b Mr.Karma Vivan, for the Applicant.
Mr.V.V.Gangurde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 30th JULY, 2019
P.C. :
1. Heard learned Counsel for the applicant.
2. By this application, the applicant seeks pre-arrest bail in
connection with C.R. No.583 of 2019, registered with the Kondhwa Police
Station, Pune, for the alleged offences punishable under Sections 304 r/w
34 of the Indian Penal Code.
3. Mr.Ponda, learned counsel for the applicant submits that the
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applicant was an architect of M/s.Alcon Landmarks and became a partner
of M/s.Alcon Landmarks on 2nd September, 2011. He submitted that on 9th
March, 2013, the applicant gave his no objection certificate (NOC) for the
said project and for appointment of another architect for the said project.
Learned Counsel has tendered an affidavit-in-rejoinder of the applicant.
The same is taken on record. Learned counsel relied on page 67 of the said
affidavit-in-rejoinder i.e. No Objection Certificate dated 9 th March, 2013.
According to the learned counsel on 25 th March, 2013, the applicant was
substituted as an architect by another architect viz. Vivek Agarwal, who
was subsequently arrested after the wall collapsed. He relied on page 69 of
the said affidavit-in-rejoinder, in support of his submission. He also relied
on the Deed of Retirement dated 15th October, 2013, which is on page 70 of
the affidavit-in-rejoinder. According to the learned counsel, the applicant
was not connected or concerned as an architect or as a partner of M/s.Alcon
Landmarks having retired from the said project, much prior to the incident
of wall collapse.
4. Learned APP has filed an affidavit setting out the complicity
of the applicant.
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5. It appears that the documents tendered by the applicant in the
affidavit-in-rejoinder are not disputed by the police.
6. Considering the aforesaid, in the meantime, till the next date,
the applicant is granted interim protection on the following terms and
conditions :-
ORDER
(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in the like amount ;
(ii) The applicant shall report to the Investigating Officer of the concerned Police Station on 6th August, 2019 and 7th August, 2019, between 10.00 a.m. to 12.00 noon, and thereafter as and when called.
7. Stand over to 13th August, 2019.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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