Sushant Hemant Sanap v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 554 OF 2016 Sushant Hemant Sanap ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Neville D. Deboo for the Applicant Mr. D. P. Adsule, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 23RD MARCH, 2016 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 51 of 2016 registered with the Dattawadi Police Station, Pune, for the alleged offences punishable under Sections 394 and 323 of the Indian Penal Code.

3.

According to the complainant-Mukesh Pote, one lady approached him on phone and requested him to help her for the admission of her son in Muktangan School. It is stated that pursuant to the same, the 1/3

lady along with the present applicant went to meet the complainant on 11th February, 2016. During the course of conversation, there was a verbal and physical altercation between the parties. It is alleged that when the applicant saw the complainant informing the matter to the police on phone, the applicant pulled out a sharp object from his pocket and assaulted the complainant; snatched his mobile and removed his gold chain and two finger rings worth Rs. 50,000/-.

4.

Learned A.P.P has produced the injury certificate. He submits that there are eye-witnesses in the said case. 5.

Perused the papers of investigation. It appears that the complainant has received an injury on the left side of the chest on the lateral side of the sternum. The statements of the eye-witnesses corroborate the incident. Considering the material, this is not a fit case to grant anticipatory bail to the applicant.

6.

Hence, the application for anticipatory bail is rejected and is disposed of as such.

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7.

It is made clear that, if an application for regular bail is filed, the same shall be considered on its own merits, uninfluenced by the observations made in this order.

REVATI MOHITE DERE, J.

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