Swapnil Bhausaheb Sobale v. State Of Maharashtra

2023:BHC-AS:30083 Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 931 OF 2023 Swapnil Bhausaheb Sobale ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Nitin Gaware Patil, for the Applicant.

Mr. Shrikant Yadav, APP for the State/Respondent. ASI M. M. Pangare, Mahalunge MIDC Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED:

10th OCTOBER, 2023 Order:- 1.

Heard the learned Counsel for the parties.

2.

This is an application for pre-arrest bail in connection with CR No.17 of 2023 registered with Mahalunge MIDC Police Station for the offences punishable under Sections 323, 384, 420, 504 and 506 of the Indian Penal Code, 1860 ("the Penal Code").

3.

By an order dated 30th March, 2023 interim protection has been granted to the applicant. I have perused the allegations in the FIR. At best the offences punishable under Sections 323, 504 and 506 of the Penal Code can be said to have been made out from the allegations in the FIR. Further allegations of extortion and cheating are vague and omnibus. 1/3

Custodial interrogation of the applicant is not at all warranted. I am, therefore, inclined to exercise the discretion in favour of the applicant.

4.

Hence the following order:

: O R D E R :

(i) In the event of arrest of the applicant in CR No.17 of 2023 registered with Mahalunge MIDC Police Station, the applicant be released on bail on furnishing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicant shall cooperate with the investigation and attend Mahalunge MIDC Police Station on 17th, 18th and 19th October, 2023 in between 10.00 am. to 1.00 pm.

(iii) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the persons acquainted with the facts of the case. (iv) The applicant shall regularly attend the proceedings before the jurisdictional Court.

2/3

(v) It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only.

Application stands disposed.

[N. J. JAMADAR, J.] 3/3