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Bombay High CourtABA/54/2018anticipatory bail granted

Shashikant @ Pramod Rajaram Patil v. The State Of Maharashtra

2019-02-05Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.54 OF 2018 Shashikant @ Pramod Rajaram Patil ..Applicant.

V/s.

State of Maharashtra ..Respondent.

ANTICIPATORY BAIL APPLICATION NO.11 OF 2018 Sanjay Yashwant Patkare ..Applicant.

V/s.

State of Maharashtra ..Respondent.

Mr.Rahul P. Walvekar for the applicant in both applications. Mr.M.G.Patil, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 5, 2019 P.C.:- Heard learned counsel for the applicants and learned APP for the State.

2.

In crime No.536/2017 for offence punishable under sections 143, 147, 148, 149, 307, 323, 504, 506 and 427 of the Indian Penal Code registered with Shahupuri police station, Kolhapur, the applicants are seeking pre-arrest bail.

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Apart from cross complaint, for which crime No.535/ 2017 for offence punishable under section sections 143, 147, 148, 307, 504, 506 and 427 of the Indian Penal Code was registered with Shahupuri police station, Kolhapur, it is the case of the applicants that the applicants are falsely implicated. 4.

It is also brought to the notice of the Court that there are no criminal antecedents.

5.

Learned APP supports the prosecution story and submits that custodial interrogation is warranted. 6.

The contents in the F.I.R. is co-related with the injury certificate. The injury sustained by Rohit is caused by hard and blunt object which has resulted into simple injuries, whereas the allegations in the F.I.R. speaks of causing grievous injuries. Hence the order :- i) In the event of arrest in Crime No.536/2017 for offence punishable under sections 143, 147, 148, 149, 307, 323, 504, 506 and 427 of the Indian Penal Code registered with Shahupuri police station, Kolhapur, the applicants be released on bail on their executing P.R. bonds of Rs.25,000/- with one or more sureties each in the like amount;

3 2) aba54-18+1.doc ii) The applicant shall attend the Investigating officer on 11th, 14th, 18th and 21st February, 2019 between 10.00 a.m. to 12.00 noon and thereafter as and when directed; iii) The applicants shall not influence the prosecution witnesses or tamper with the evidence;

iv) The applicant shall co-operate with the investigating agency; v) The application stands disposed of accordingly. (NITIN W. SAMBRE, J.)