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)                                                           O R D E R

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.