BHAUSAHEB vs. THE STATE OF MAHARASHTRA

Case Type: Criminal Appeal

Date of Judgment: 30-01-2018

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Full Judgment Text

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.194/2018 (ARISING FROM SLP (Crl) NO.26 OF 2018) BHAUSAHEB APPELLANT(S) VERSUS
THE STATE OF MAHARASHTRA RESPONDENT(S)
J U D G M E N T
KURIAN, J.
Leave granted.
2. The appellant approached this Court aggrieved by the denial<br>of protection under Section 438 Cr.P.C. by the High Court.
3. While issuing notice by order dated 12.01.2018 this Court<br>noted that the appellant had already taken voluntary retirement<br>in the year 2011 and the suicide is of the year 2017. We had<br>requested the learned counsel for the State to get instruction<br>as to the stage of the investigation. Learned counsel for the<br>State submits that the investigation is in progress and the same<br>is yet to be completed.
4. Having gone through the materials made available to the<br>Court and having heard the learned counsel for the parties, we<br>are of the view that it is a case where the appellant needs to<br>be given protection on the condition that he would cooperate<br>with the investigation.
5. Accordingly, this appeal is disposed of as follows:
ture Not Verified<br>lly signed by<br>NDRA PRASAD<br>2018.02.03<br>:43 IST<br>on:In case the appellant is arrested in<br>connection with FIR No. 115/2017 registered<br>at P.S. Rahata, he shall be released on bail<br>on his executing bond to the tune of<br>Rs.25,000/- (Rupees Twenty-five Thousand)<br>with two sureties of the like amount.<br>However, this is subject to the conditions<br>under Section 438(2) of the Cr.P.C. and the<br>appellant shall cooperate with the<br>investigation.
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6. Pending applications, if any, shall stand disposed of.
..........................J.
[KURIAN JOSEPH]
..........................J.
[MOHAN M. SHANTANAGOUDAR]
NEW DELHI;
JANUARY 30, 2018
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