SAI BALRAM DHARAMDASANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) MR .Rajkumar Mohandas Savani filed a complaint with the police alleging therein that the aforesaid two applicants in the company of one Mr.Thakurdas Baharani and one person unknown to him kidnapped him on 26.5.2007. This Court is informed that the said complainant could be traced at a later point of time and the question whether the present applicants have committed an offence of kidnapping and other related offences was required to be investigated by the Central Police Station, Ulhasnagar vide C.R.No.I-113 of 2007. The present applicants i.e. Sai Balram Dharamdasani and Idnani moved this Court for anticipatory bail by these two aforesaid applications. Across the Bar, this Court is informed that by an order dated 10.7.2007, interim anticipatory bail was granted to the present applicants and since then, the present applicants are enjoying the facility of the said interim anticipatory bail.

(2.) TODAY , when the applications were taken up for hearing, learned A.P.P. Mr.Dedhia appearing on behalf of the State submitted that the allegations against the present applicants are serious and custodial interrogation of the present applicants is necessary primarily to trace the whereabouts of the co-accused Mr.Thakurdas and one unknown person as also to elicit more information from the applicants as regards the particulars of the car in which the original complainant was put in and taken away. The learned Advocate Mr.Janardhanan supported the arguments advanced by the learned A.P.P. Mr.Dedhia and submitted that merely because the applicants have been able to secure the interim anticipatory bail cannot be a ground to pass an order in their favour and police must get full opportunity to interrogate the applicants by way of custodial interrogation and that is how the applications should be rejected.

(3.) IN view of the aforesaid discussion, I am inclined to grant anticipatory bail to both the applicants. Hence, I pass the following order:-