IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 682 OF 2009
(Arising out of SLP(Crl.) No. 5823/2008)
Dalip Babulal Tapadia
.. Appellant(s)
Versus
State of Maharashtra
.. Respondent(s)
ORDER
Leave granted.
This appeal is directed against order dated 21st July, 2008 passed by the
High Court of Judicature at Bombay in Criminal Appeal No. 874 of 2008. By the
impugned order, the High Court has declined to extend to the appellant the
protection of anticipatory bail under Section 438 of the Code of Criminal Procedure,
1973, in FIR No. 48 of 2008, filed in Deccan Police Station, Pune under Sections 420,
467, 468, 471 read with Sections 34 and 511 of the Indian Penal Code. By virtue of
the said order, the High Court had directed the appellant to surrender before the
Trial Court by 31st July, 2008.
When the matter came up before the learned Chamber Judge on 6th August,
2008, application filed by the appellant for exemption from surrendering was
dismissed as not maintainable as the appellant had only been denied the privilege of
anticipatory bail.
..2/-
CA 682/2009...contd..
:2:
No one appears on behalf of the State. Accordingly, we have heard learned
counsel for the appellant and the de facto complainant.
It is submitted by learned counsel for the appellant that as per his
instructions investigation in the complaint are complete and shortly the prosecution is
likely to take further steps in the matter.
Having regard to the facts and circumstances of the case and bearing in
mind the fact that F.I.R. was lodged as far back as in January 2008 and so far no
action has been taken against the appellant despite rejection of his prayer for
anticipatory bail in July 2008, and further there is no allegation against him
regarding non-cooperation in the investigation, we dispose of the appeal with the
direction that in the event of filing of charge sheet against the appellant and on being
informed by the Public Prosecutor about the filing of charge sheet, he shall surrender
before the trial Court and apply for regular bail. It goes without saying that the
application of the appellant for grant of regular bail shall be considered in its correct
perspective in accordance with law. However, if the investigations are still
incomplete, in the event of his arrest he shall be
..3/-
CA 630/2009...contd..
:3:
admitted to bail on his furnishing personal bond in the sum of Rs. 20,000/- with one
surety in the like amount to the satisfaction of the Investigating Officer, which will
continue to be in force till appropriate orders are passed on appellant's application
for regular bail.
Before closing, we may note that it has been brought to our notice that yet
another FIR being No. 207 of 2008 has been filed against the appellant on 25th June,
2008 in the same Police Station. We clarify that this order will have no bearing
whatsoever, insofar as the said FIR is concerned.
...................J.
[ D.K. JAIN ]
...................J.
[ R.M. LODHA
]
NEW DELHI,
APRIL 09, 2009.