Jharkhandey Chandrikaprasad Tiwari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.244 OF 2015 Jharkhandey C. Tiwari.

...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.Y.R.Dube, for the Applicant.

Ms.A.T.Javeri, APP for the Respondent - State. ASI - M.S.Nalawade, Vakola Police Station, Mumbai. CORAM :

REVATI MOHITE DERE, J.

DATED :

2nd MARCH, 2015.

P.C.

1.

Heard learned counsel for the applicant and learned APP for the Respondent - State.

2.

By this application, the Applicant seeks pre-arrest bail, in connection with M.E.C.R. No.1 of 2010, which has been registered pursuant to a private complaint filed by the complainant - Parshuram S. Dubey.

3.

It appears that there are cross cases with regard to the same

2/3 11-aba.244.2015.doc incident between the parties. Learned Counsel for the applicant submits that with regard to the same incident, the present applicant has filed a complaint, as against the complainant in C.R.No.513 of 2009, which is registered with the Vakola Police Station, for the alleged offence punishable under Section 326 r/w 34 of the Indian Penal Code. He submits that the other two co-accused in M.E.C.R. No.1 of 2010, have already been granted anticipatory bail.

4.

There is a cross complaint being C.R.No.513 of 2009, lodged by the applicant, as against Parshuram S. Dubey, the complainant in M.E.C.R. No.1 of 2010. Considering the peculiar facts of the case, the custodial interrogation of the applicant is not necessary. Accordingly, the applicant deserves to be granted pre-arrest bail on the following terms and conditions :

ORDER

i) In the event of the arrest, the Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount ;

ii) The Applicant shall give his present address and

3/3 11-aba.244.2015.doc telephone number to the Investigating Officer ; iii) If there is change in the address, the Applicant shall inform the same to the Investigating Officer ; iv) The Applicant shall co-operate with the conduct of the trial and shall not tamper or attempt to contact/ influence either the complainant or any persons concerned with the case ;

5.

The Application is allowed and disposed of in above terms. 6.

Parties to act upon the authenticated copy of this order. (REVATI MOHITE DERE, J.)