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 of protection under Section 438 Cr.P.C.  by the High Court. 3. While issuing notice by order dated 12.01.2018 this Court noted that the appellant had already taken voluntary retirement in the year 2011 and the suicide is of the year 2017.  We had requested the learned counsel for the State to get instruction as to the stage of the investigation. Learned counsel for the State submits that the investigation is in progress and the same is yet to be completed. 4. Having gone through the materials made available to the Court and having heard the learned counsel for the parties, we are of the view that it is a case where the appellant needs to be given protection on the condition that he would cooperate with the investigation. 5. Accordingly, this appeal is disposed of as follows:

In  case  the  appellant  is  arrested  in connection with FIR No. 115/2017 registered at P.S. Rahata, he shall be released on bail on  his  executing  bond  to  the  tune  of Rs.25,000/-  (Rupees  Twenty-five  Thousand) with  two  sureties  of  the  like  amount. However, this is subject to the conditions under Section 438(2) of the Cr.P.C. and the appellant  shall  cooperate  with  the 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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