← Library
Bombay High CourtBA/224/2019

Dhanraj Arvind Morarji v. The State Of Maharashtra

2019-02-06Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 19) ba224-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.224 OF 2019 Dhanraj Arvind Morarji ..Applicant.

V/s.

State of Maharashtra ..Respondent.

Mr.H.H.Ponda i/b. Mr.Prasanna P.Patil with Mr.Ashish Agarkar for the applicant.

Mr.N.B. Patil, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 6, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

After his arrest on December 24, 2018 in crime No.222/2018 for offence punishable under sections 324, 342, 323, 370, 504 and 506 of the Indian Penal Code registered with Koregaon police station, Pune, the applicant is seeking regular bail.

3.

So far as offence under section 324 of the Indian Penal Code is concerned, learned counsel for the applicant submits that

2 19) ba224-19.doc no notification giving effect to the amendment making the offence punishable under section 324 of the Indian Penal Code non bailable has been issued by the Central Government. Learned counsel relied upon judgment of this Court in Mr.Chandra Kanjappa Kuchchikurwe V/s. State of Maharashtra & Anr.1 4.

So far as ingredients of section 370 of the Indian Penal Code are concerned, it is punishable for the first time for a period of seven to ten years.

5.

Perusal of the investigation carried out till date does not subscribe to the necessary ingredients thereof. 6.

Since the investigation is almost complete and the investigating officer is on the verge of filing a charge-sheet and as there are no antecedents, in the wake of above, the case for regular bail is made out. Hence the order :- i) The applicant be released on bail in Crime No.222/2018 for offence punishable under sections 324, 342, 323, 370, 504 and 506 of the Indian Penal Code registered with Koregaon police station, Pune, upon furnishing P.R. bond of Rs.25,000/- with one or more sureties in the like amount; 2012 ALL MR (CRI) 626

3 19) ba224-19.doc ii) The applicant shall not influence the prosecution witnesses or tamper with the evidence;

iii) The applicant shall furnish his details, including his land-line number to the investigating officer / police station; iv) The applicant shall stay away from the revenue jurisdiction of the Pune District till the trial is concluded; v) The application stands disposed of accordingly. (NITIN W. SAMBRE, J.)