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Bombay High CourtABA/334/2016others disposed off

Samson Godwin Jathanna v. The State Of Maharashtra

2017-04-20Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2ABA-334-16-4 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 334 OF 2016 Samson G, Jathanna vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.V. Bhatia for the Applicant.

Mrs. P.P.Shinde, APP. for the State.

CORAM :A.S.GADKARI, J.

DATE : 20th April, 2017 P.C.

1) The applicant is apprehending arrest in CR No.100/2015 dated 11.4.2015 registered with Vikhroli Police Station, Mumbai under Section 498A and 494 of the Indian Penal Code.

2) The applicant was granted interim relief by an order dated 23.2.2016. The present matter was referred to the Mediator for mediation however, the learned Mediator has reported that mediation process has failed. 3) I have perused the record annexed to the application.

After perusal of the first information report, it prima facie appears that, there are no specific allegations of demand of dowry and harassment as contemplated under Section 498A of the I.P.C. As far as section 494 of the I.P.C. is concerned, it is non cognizable and bailable offence. In

2 /2ABA-334-16-4 view of the above, the applicant has made out a case for grant of pre arrest bail.

4) Hence, interim relief granted by an order dated 23.2.2016 is hereby confirmed and the application is allowed in the aforesaid terms.

(A.S.GADKARI, J.)