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Bombay High CourtABA/33/2015anticipatory bail rejected

Sunny Devidas Rathod v. The State Of Maharashtra

2015-01-16Hon'Ble Shri Justice P.D. Kode2 pages

907_aba_33_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL ANTICIPATORY BAIL APPLICATION NO.33OF 2015 Sunny Devidas Rathod ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Prashant Gurav for Applicant.

Mrs. Aruna S. Pai, APP, for the Respondent State. CORAM: P.D. KODE, J.

DATED: JANUARY 16, 2015.

P.C:

1.

Learned counsel for the Applicant has prayed for pre-arrest bail on the ground that no role played by him is being disclosed by the FIR. The perusal of the FIR and second paragraph of it defies the said submission as there is an allegations of the person mentioned in the said paragraph having threatened the first informant for ransom either personally or on phone. Offence is of very serious nature. The perusal of the FIR reveals that the complaint /information has been given to the police regarding the incident which had reportedly taken place of threatening the first informant for extorting the amount. The FIR being not suppose to be an encyclopedia of all the details and the same revealing act committed by the Applicant it is difficult to accede with the prayer for pre-arrest bail. It can be further added that though the Megha 1 of 2

907_aba_33_2015.doc Applicant may not be the main person but the money was sought to be extorted on the count of threats given by a gangster Harish Mandvikar having regard to it merely because the details of act are not embodied in FIR would not entail passing a direction under section 438 of Cr.P.C. for the offences which are presently on increasing scale in metropolitan cities.

2.

Resultantly, there are no merits in the application. The application stands rejected.

(P.D. KODE, J.) Megha 2 of 2