Nilesh Prakash Mohite And ANR v. The State Of Maharashtra

1 /2 29-aba-122-18 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 122 OF 2018 Nilesh P. Mohite and ors. vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Suraj Naik i/by R.D.Suryawanshi for the Applicant. Ms. A.A. Takalkar, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 6th February, 2018 P.C.

1.

By an order dated 23.1.2018 the applicants were granted interim relief.

2.

Perused the record of investigation.

The first information report and the other statements of the witnesses indicate that due to some earlier enmity there was quarrel between the applicants and their family members on one side and the first informant and his family members on the other side on the date of incident. That, the said quarrel was thereafter ensued in a tiff and in the said melee it is submitted that the applicants have committed an offence under Section 354 of the Indian Penal Code. Prima facie, it appears that after giving abuses in filthy language to the first informant rest of

2 /2 29-aba-122-18 the incident has occurred in the said tiff.

3.

After taking into consideration the facts of the present case, this Court is of the view that, custodial interrogation of the applicant for further investigation of the crime is not necessary. 4.

In view thereof, the interim relief granted by an order dated 23.1.2018 is hereby confirmed.

5.

Application is accordingly allowed.

(A.S.GADKARI, J.)