Balasaheb Rambhau Bhagwat And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 565 OF 2016 Balasaheb Rambhau Bhagwat & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. D. C. Awari for the Applicants Ms. Veera Shinde, A.P.P for the Respondent-State PSI Mr. R. A. Parkhe from Lonikand Police Station, Pune Gramin, is present CORAM : REVATI MOHITE DERE, J.

TUESDAY, 29TH MARCH, 2016 P.C. :

1.

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

By this application, the applicants seek interim anticipatory bail till the final Anticipatory Bail Application is heard and decided by the Sessions Court.

3.

At the outset, learned Counsel does not press this application for applicant No. 1.

1/3

4.

Learned Counsel for the applicants states that the applicant No. 2 is a student and seeks interim protection till his application is finally heard and decided by the learned Sessions Judge, Pune. He seeks interim protection in connection with C.R. No. 88 of 2016 registered with the Lonikand Police Station, Taluka Haveli, District Pune, for the alleged offence punishable under Section 306 r/w 34 of the Indian Penal Code. 5.

Learned Counsel for the applicants submits that vide order dated 23rd March, 2016, the prayer for interim protection was rejected by the learned Sessions Judge and that the application is kept today. He submits that it is likely that the application may not be heard even today. According to the learned Counsel, the applicant No. 2 is a student and is studying in the third year of B.Com in D. Y. Patil College and that, he has exams from 30th March, 2016 till 6th April, 2016. 6.

Considering that applicant No. 2 is a student and his exams are scheduled from tomorrow i.e. 30th March till 6th April, 2016, the applicant No. 2 is granted interim protection till his application is finally decided by the learned Sessions Judge, on the following terms and conditions : 2/3

ORDER

(i) In the event of the arrest, the applicant No. 2 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 ;

7.

The Application is accordingly disposed of. It is made clear that this application has not been considered on merits and the learned Judge shall decide the said application pending before it, on its own merits, in accordance with law.

8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

3/3