Manoj Siddeshwar Singh v. The State Of Maharashtra

Vina khadpe sr.909.aba.277.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.277 OF 2020 Manoj Siddeshwar Singh ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Anita D. Joshi i/b. Mr.Hidayat G. Mukadam for the applicant. Ms. P.P. Shinde, APP for the respondent-State. PSI Mr. Kiran Baghdane, Kalwa Police Station present. CORAM : SANDEEP K. SHINDE J.

DATE : January 31, 2020.

P.C. :

. Apprehending the arrest in Crime No.334 of 2018 registered with Kalwa Police Station, Kalwa, District Thane, the applicant is seeking pre-arrest bail. The alleged incident of violence had occurred, in September 2018, where the applicant allegedly assaulted the complainant by iron rod on his head. However, the injury certificate, shows two simple injuries were caused by blunt and hard object. Learned APP submits that injured has filed a cross FIR against the complainant under Section 326 of Indian Penal Code. On instructions, Prosecutor, also submits that the investigation in the present case is over. Prime facie, it appears, alleged incident had taken place in the heat of passion.

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Vina khadpe sr.909.aba.277.2020.doc

2. In view of facts of the case, the nature of accusation and as the investigation is over, in my view, custodial investigation of the applicant is not required. For the reasons stated hereinabove, the anticipatory bail application is granted. Hence the following order; :: ORDER ::

(i) In the event of arrest of the applicant in Crime No.I-334 of 2018 registered with Kalwa Police Station, Kalwa, he be released on bail on his furnishing P.R. Bond of Rs.20,000/- (Rs.Twenty Thousand only) with one or two sureties in the like amount.

(ii) The applicant shall attend the Police Station concerned as and when called.

(iii) The applicant shall furnish the particulars of his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, to the Investigating Officer of the Police Station concerned within seven days from today;

(iv) The applicant shall not tamper with the evidence or attempt to 2/3

Vina khadpe sr.909.aba.277.2020.doc influence or contact the complainant, witnesses or any person concerned with the case.

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

(vi) The Anticipatory Bail Application is allowed and disposed of in the aforesaid terms.

Digitally signed by Vina A.

Khadpe Date:

2020.02.03 20:58:24 +0530 [SANDEEP K. SHINDE J.] Vina A.

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