Mangesh Eknath Thakur v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by DINESH SADANAND SHERLA Date:

2023.01.29 13:40:23 +0500 CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 22 OF 2023 Mangesh Eknath Thakur ...Applicant DINESH SADANAND SHERLA

Versus

The State of Maharashtra

...Respondent

.........

Mr. S. Venkateshwar for the Applicant.

Ms Veera Shinde, APP for the State.

Mr. M. Jadhav, PSI, Poynad Police Station, Present. .........

CORAM : N.R. BORKAR, J.

DATED : 17 JANUARY 2023 P.C. :- This is an application under Section 438 of the Code of Criminal Procedure.

2.

The applicant is apprehending his arrest in Crime No. 221 of 2022 registered at Poynad police station for the offences punishable under Sections 307, 143, 147, 148, 323, 506 of the Indian Penal Code and Section 37(1), 37(3) of Maharashtra Police Act. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

4.

According to the prosecution, on 18 December 2022, the present applicant alongwith the other co-accused assaulted the complainant and his friend Amol Patil and attempted to kill them due to some commercial 1 / 3

dispute.

5.

I have perused the injury certificate of injured Amol Patil. Nature of injury is simple.

6.

The learned APP, however, submits that the applicant is involved in four more crimes.

7.

The learned counsel for the applicant, on instructions, submits that the applicant without prejudice to his rights will pay amount of Rs.50,000/- to Police Welfare Fund within three weeks. It is further submitted that the applicant will not seek the refund of the said amount even if he is acquitted in the present crime. Considering these facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail, subject to payment of Rs.50,000/- to: Maharashtra Police Welfare Fund A/c. No.914010029005759 IFSC Code No.UTIB0000060 OR Mumbai Police Welfare Fund A/c. No.465010200008693 IFSC Code No.UTIB0000465 (i) Application is allowed.

(ii) In the event of arrest of applicant in Crime No. 221 of 2022 registered at Poynad police station for the offences punishable under 2 / 3

Sections 307, 143, 147, 148, 323, 506 of the Indian Penal Code and Section 37(1), 37(3) of Maharashtra Police Act, he shall be released on bail on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station as and when called and shall co-operate in the investigation. 7.

List the application on 7 February 2023 for compliance. ( N.R. BORKAR, J. ) 3 / 3