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Bombay High CourtABA/13/2019anticipatory bail rejected

Tejas Shivaji Jadhav v. The State Of Maharashtra

2019-01-04Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 Yadav 909.aba.13.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 13 OF 2019 Tejas Shivaji Jadhav ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Ganesh Bhujbal for Applicant.

Mr. S. S. Hulke, APP for Respondent - State.

CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 4, 2019.

P.C. :

.

The Applicant is seeking pre-arrest bail in Crime No. 326 of 2018 punishable under Sections 15 and 5 of Environment Protection Act, 1986 and Sections 395, 353 & 379 of the Indian Penal Code. 2.

The prosecution case is that the Applicant along with other co-accused has created impediment in exercise of the statutory powers by a public servant. Apart from above, there is enough material available on the record to infer prima facie involvement of the Applicant in the crime in question which warrants the custodial interrogation of the Applicant. Very

2/2 Yadav 909.aba.13.2019 conduct of the Applicant - Accused as spelt out from the record satisfies the necessary ingredients. The Applicant has challenged the very authority of a leading officer who is a public servant by taking recourse to Physical Violent Act 3.

As such, the Anticipatory Bail Application fails. Hence the same is rejected.

(NITIN W. SAMBRE, J.)