Bombay High Court

APPLN/4541/2006 of NIRMAL HARI YADAV Vs UNION OF INDIA AND ORS. on 22 December 2006

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HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4541 OF 2006 Nirmal Yadav .. Applicant Versus State of Maharashtra & Ors. .. Respondent Mr.Uday Warunjikar with Yogesh Rohira for applicant Mr.Rajesh More, A.P.P. for State. Mrs.A.S.Pai for UOI CORAM :

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IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTIONCRIMINAL APPLICATION NO.4541 OF 2006

Nirmal Yadav.. ApplicantVersusState of Maharashtra & Ors... RespondentMr.Uday Warunjikar with Yogesh Rohira forapplicantMr.Rajesh More, A.P.P. for State.Mrs.A.S.Pai for UOICORAM : S.C.DHARMADHIKARI, J.DATE : 22nd December 2006

P.C.

.Co-accused Gurmeet Singh Kohli havingbeen enlarged on bail and the applicant isarrested in connection with the same case, soalso offence being identical, for reasonsassigned in Criminal Application No.4438 of 2006,this applicant also deserves to be enlarged onbail. While enlarging co-accused on bail, so also one Rajkotwala, I have noted all contentionsas are raised by Mrs.Pai. The self-samecontentions need not be dealt with. Hencefollowing order:-

i)The applicantarrested inconnection with C.R.No.103 of 2006pending before 3rd Court, Esplanade,Mumbai shall be enlarged on bail in thesum of Rs.1 lakh with one or two localsureties in the like amount; (Exports), Nhava Sheva twice a week from11.00 a.m. and 2.00 p.m. initially fora period of four weeks and thereafter asdirected by the trial court till thecomplaint is filed.

iii)The applicant shall deposit hispassport, if any, with respondent Nos.2, S.I.I.B. (Exports), Nhava Sheva.

iv)Applicant shall not leave Indiawithout prior permission of the trialcourt.

v)The order of bail will be giveneffect only after the applicant furnishesto the investigating officer the detailsabout his place of residence and addresswhere he proposes to stay after he isenlarged on bail. The applicant will notchange his residential address thereaftertill the conclusion of trial withoutprior intimation to the Investigatingofficer.

vi)The bail is granted subject tocondition that the applicant shall notdirectly or indirectly, make anyinducement or threat to any prosecutionwitnesses and shall not in any manner tamper with the prosecution evidence.

vii)

The applicant shall cooperate with the learned Trial Judge forexpeditious disposal of the case. Anyattempt by the applicant to delay thetrial may be a ground for cancellation ofbail.

viii)Any observation made in thisorder shall not be construed as anyfinding or any expression of opinion onthe merits of the case at the time oftrial.

ix)Application is disposed of inabove terms.

x)Partiestoactonan

authenticated copy of this order.

(S.C.DHARMADHIKARI, J)

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