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Bombay High CourtABA/181/2020anticipatory bail rejected

Subhash Mani And ANR v. The State Of Maharashtra

2020-01-22Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

Rane 1/2 ABA-181-2020 (SR. 914) 22 January, 2020.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 181 OF 2020 Subhash Mani and anr.

.Applicants ...

v/s.

The State of Maharashtra .Respondents ...

**** Mr. Samir A. Vaidya, Advocate for the applicant. Smt. Sharmila Kaushik, APP for the State.

PI, Mr. Vinod B. Patil, Aarey Police Station present.

CORAM : SANDEEP K. SHINDE, J.

Wednesday, 22 January, 2020.

P.C. :

1.

Heard.

2.

The present application resulting from C.R. No.129/2019 under Sections 307, 324, 143, 144, 145, 147, 148, 149, 323, 504, 506(2) and Section 427 of the Indian Penal Code is arising out of rivalry between two groups.

3.

It is alleged that, the present applicant alongwith the other accused were engaged in the business of constructing and dismantling film

Rane 2/2 ABA-181-2020 (SR. 914) 22 January, 2020.

sets for various producers at Film City, wherein a rival group engaged in a similar business i.e. the complainant were competing against each other. Furthermore, as a result of this, an altercation between the two groups escalated into infliction of fists blows and other injuries to members of both the groups. It was thereafter alleged that, the applicant inflicted blows with an iron rod on the head of Ashraf Ali and Kundan. Medical Certificates show injuries were grievous in nature inflicted on vital parts of the body.

Besides out of six, four accused were arrested. In view of the role attributed to the applicant and the nature of accusations, I am not inclined to grant pre-arrest bail. The Application is rejected.

4.

It is made clear that observations made hereinabove shall be construed as expression of opinion only for the purpose of refusal to grant bail and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.)