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Bombay High CourtABA/525/2019anticipatory bail granted

Hemant Baban Kadbane v. The State Of Maharashtra

2019-03-01Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 914) aba525-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY CRIMINAL BAIL APPLICATION NO.525 OF 2019 Hemant Baban Kadbane ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Piyush Toshniwal for the applicant.

Mr.M.G.Patil, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : MARCH 1, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

In crime No.842/2018 for offence punishable under section 307, 143, 147, 149, 325, 324, 323, 504 and 506 of the Indian Penal Code registered with Loni Kalbhor police station, District Pune, the applicant is seeking pre-arrest bail.

3.

Apart from cross complaint, what can be noticed is, civil dispute at the behest of the applicant is already pending. 4.

The role attributed to the applicant is of assault by wooden log on legs, back and hands. There are no corresponding injuries noticed in the injury certificate.

2 914) aba525-19.doc 5.

The other main accused in the crime in question were already arrested and from the order of the Sessions Court, while rejecting the bail application, the observations is, investigation in the matter is already over.

6.

That being so, case for grant of pre-arrest bail is made out. Hence the order :- i) In the event of arrest in Crime No.842/2018 for offence punishable under section 307, 143, 147, 149, 325, 324, 323, 504 and 506 of the Indian Penal Code registered with Loni Kalbhor police station, District Pune, the applicant be released on bail on his furnishing P.R. bond of Rs.25,000/- with one or more sureties in the like amount;

ii) The applicant shall attend the Investigating officer on 6th and 8th of March, 2019 between 10.00 a.m. to 12.00 noon and thereafter as and when directed;

iii) The applicant shall not influence the prosecution witnesses or tamper with the evidence;

iv) The applicant shall co-operate with the investigating agency; v) The application stands disposed of accordingly. (NITIN W. SAMBRE, J.)