Rajesh Motiram Gaikar v. The State Of Maharashtra

aba.209-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 209 OF 2019 Rajesh Motiram Gaikar ..Applicant Vs The State of Maharashtra ..Respondent ----- Ms. Anjali Patil for the Applicant.

Mr. R.M. Pethe, APP for State.

Mr. S.V. Shende, PSI, Vasind Police Station is present. ----- CORAM : A.S.GADKARI, J.

DATE : 2nd April 2019.

P.C.:

1] The applicant is apprehending arrest in CR No.I-155 of 2018 dated 23.12.2018 registered with Vasind Police Station, District-Thane (Rural) under section 143, 148, 326, 324, 323, 341, 504, 506 of the Indian Penal Code.

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

3] The medical certificate issued by the Medical Officer attached to the Sub-District Hospital, Shapur, District-Thane does not support the case of prosecution to apply Section 326 of the Indian Penal Code to the present 1/2

aba.209-2019.doc crime.

4] In view thereof, the applicant can be protected by pre-arrest bail.

Hence the following Order:- i] In the event of arrest in CR No. I-155 of 2018 registered with the Vasind Police Station, District-Thane (Rural), the applicant shall be released on bail on his furnishing PR bond in the sum of Rs.15,000/- with one or two local sureties in the like amount. ii] Applicants shall attend the Investigating Officer on 9th, 10th and 11th days of April 2019 between 11.00 a.m to 2.00 p.m and to join in the process of investigation.

iii] Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2