Mohan Ramchandra Shirose v. The State Of Maharashtra

907.ABA412_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Vidya Amin ANTICIPATORY BAIL APPLICATION NO. 412 OF 2016 Mohan Ramchandra Shirose ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Sachin B. Chandan, Advocate for the applicant. Mr. Shrikant H. Yadav, APP for the State.

Mr. B.D. Chavan, I.O, Kalyan Police Station, Thane (Gramin). CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 8th March, 2016.

P.C.:

This Anticipatory Bail Application is moved by the applicant/accused, as he is prosecuted for the offences punishable under sections 326, 325, 324 r/w. 34 of the Indian Penal Code. The offence is registered at C.R. No. I-118 of 2016 with Kalyan Taluka Police Station at the instance of Shivaji Ghadge.

2.

It is the case of the complainant that he lent Rs.6,00,000/- to his paternal uncle, who is co-accused no. 1 and when he demanded the money back from his uncle, co-accused no. 1 asked the complainant to meet him at night. Therefore, the complainant along with his friends went there and demanded money. Co-accused no. 1 and present accused and his brother started assaulting the complainant and his friends with iron rod and hockey stick. The complainant and his friends were injured. The bone of 1 / 2

907.ABA412_2016.doc complainant's face was fractured and thereafter the accused persons took the key of the car and went away.

3.

The learned counsel for the applicant/accused submitted that applicant/accused was not present when the incident took place. He submitted that his brother has borrowed the loan and not he. He submitted that his brother Dhanaji is granted bail on 15th February, 2016 by the learned Sessions Judge, Kalyan. So, on parity, the applicant be granted pre-arrest bail.

4.

Learned APP opposed the application. He produced the file of the investigation.

5.

Perused the documents especially the medical certificate disclosing the fracture on the face of the complainant and his friend has received blunt injuries. It appears from the FIR and the statement of one Vijay Basare that the incident was planned by the applicant/accused and his brother. Under such circumstances, I am not inclined to grant pre-arrest bail to the applicant/accused. Hence, Anticipatory Bail Application is rejected.

(MRIDULA BHATKAR, J.) 2 / 2