← Library
Bombay High CourtABA/180/2021disposed off

Mohan Narayan Chowhan v. The State Of Maharashtra

2021-11-18Hon'Ble Shri Justice Nitin W. Sambre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.180 OF 2021 Mohan Narayan Chowhan ..Applicant

Versus

The State of Maharashtra ..Respondent INTERIM APPLICATION NO.620 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO.180 OF 2021 Vimla Anil Nebhnani ..Intervenor (Org. Complainant)

IN THE MATTER BETWEEN

Mohan Narayan Chowhan ..Applicant

Versus

The State of Maharashtra ..Respondent Ms. Mallika A. Ingale, Advocate for the Applicant. Mrs. J. S. Lohokare, APP for the Respondent - State. None for the Intervenor.

Mr. D. B. Anande, PSI, Chunabhatti Police Station - present. CORAM : NITIN W. SAMBRE, J.

DATE : 18th NOVEMBER, 2021 P.C.

1.

Applicant is seeking pre-arrest bail in Crime No.398 of 2020 registered with Chunabhatti Police Station for the offence punishable under Sections 454, 452, 387, 384, 506(2), 323, 504, 427 of IPC and 37(1)(a) and 135 of Maharashtra Police Act. 2.

The complainant - mother-in-law accused the applicant

of extortion and forcible possession of her property. 3.

The ownership of the property in question is that of complainant is in fact under dispute. However, the applicant in the capacity of son-in-law appears to have carried out some illegal construction (toilet). It appears that the applicant has put his lock over the garage and a scuffle took place between the applicant and his brother-in-law in which medical record depicts that he also having sustained injuries.

4.

In the aforesaid background, case for grant of protection is made out.

5.

Applicant in the event of his arrest in Crime No.398 of 2020 registered with Chunabhatti Police Station for the offence punishable under Sections 454, 452, 387, 384, 506(2), 323, 504, 427 of IPC and 37(1)(a) and 135 of Maharashtra Police Act be released on bail on executing P. R. bond of Rs.25,000/- with one or more sureties in the like amount.

6.

Till the charge is framed, the applicant shall not enter in the jurisdiction of the police station.

7.

Applicant shall neither influence the witnesses in any manner nor tamper with the evidence.

8.

Applicant shall not directly and indirectly contact the complainant or his family members.

9.

Applicant shall attend the Investigating Officer from 24th November, 2021 to 29th November, 2021 between 10.00 a.m. to 12.00 noon as and when directed by the Investigating Officer. 10.

As such, application stands disposed of.

11.

In view of disposal of application, interim application also stands disposed of.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.11.20 14:57:04 +0530 [NITIN W. SAMBRE, J.] BALAJI GOVINDRAO PANCHAL