Ramavtar Soni And ORS v. The State Of Maharashtra

RNG 1 907-aba-1.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO.1/2017

1. Ramavtar Soni

2. Geeta Soni

3. Iswarchand Soni .. Applicants vs.

State of Maharashtra .. Respondent ......

Ms.Ruby Shaikh I.b Mr. Imran Shaikh for Applicants. Ms.J.S.Lohokare APP for State.

..

CORAM : PRAKASH D. NAIK, J.

DATED :

07 July 2017.

P.C. :

1.

This is an Application for anticipatory bail in connection with C.R.No.258 of 2016 registered with Vinoba Bhave Nagar Police Station, Mumbai.The offence is registered under sections 353, 332, 325 read with section 34 IPC and section 33 (R) of Maharashtra Vehicle Act.

2.

The prosecution case is that on 14.11.2016 sound system (D.J) was played at the instance of the accused who were

RNG 2 907-aba-1.17.doc celebrating birthday party. The sound system was played without requisite permission. The patrolling police party questioned them as to whether they have the permission. At that time the accused started abusing the police men and also manhandled them.One of the accused also took bite on the right thumb of police constable. Hence, FIR was registered.

3.

The learned Advocate for the Applicants submits that the Applicant No.1-Ramavtar Soni has been arrested during the pendency of this Application and she does not press the Application of the Applicant no.1. Other Accused- Sandeep Soni was arrested by the police and has been granted bail. The Court while granting bail to the arrested Accused had observed that no purpose would be served by keeping the said Accused in jail. 4.

Taking into consideration the nature of the offence and also considering the fact that two persons are already arrested and both of them are granted bail, custodial

RNG 3 907-aba-1.17.doc interrogation of the Applicants is not necessary. However, taking into consideration the conduct of the Applicants, some conditions are required to be imposed while granting anticipatory bail. Hence, the following order :

O R D E R

(i) Criminal Anticipatory Bail Application No.1 of 2017 is allowed;

(ii) Application of Applicant no.1 is not pressed and is allowed to be withdrawn;

(iii) The Applicants are directed to report at Vinoba Bhave Nagar Police station once in a month on every Saturday between 11 a.m. to 1 p.m. till further orders. Application is disposed of.

(PRAKASH D. NAIK, J.)