Subhash Kaduba Patil v. The State Of Maharashtra

jsn 17 ABA No.282_2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.282 OF 2016 Subhash Kaduba Patil ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Satyavrat Joshi, Adv. for the applicant.

Mr. D.P. Adsule, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 29 th February, 2016.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicant apprehending his arrest in Crime No.17 of 2015 registered with Baramati City Police Station for offences punishable under Sections 323, 504 & 506 of the IPC and under Section 3(1) (X) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities Act, 1989).

2.

Heard Mr. Joshi, the learned counsel for the applicant and Mr. Adsule, the learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

jsn 17 ABA No.282_2016 3.

At the outset it may be mentioned that the FIR does not prima facie disclose the caste of the first informant and hence the bar under Section 18 of the SC & ST Act would not prima facie be applicable. The other offences are bailable and non-cognizable. The nature of allegations do not justify custodial interrogation. The applicant has no criminal antecedents and is not likely to abscond. Considering the above facts and circumstances, the applicant is entitled for bail.

4.

Hence the application is allowed on the following terms and conditions.

(i) In the event of arrest of the applicant in Crime No.17 of 2015 registered with Baramati City Police Station, the applicant shall be released on furnishing bail bond of Rs.15,000/ (Rupees Fifteen Thousand Only) with one surety in the like amount to the satisfaction of the JMFC, Baramati.

(ii) The applicant shall report to the investigating officer for 3 days from 10 am to 1 pm from the date of receipt of this order. (iii) The applicant shall not tamper with the evidence or influence complainant and the other witnesses in any manner. ( ANUJA PRABHUDESSAI, J. )