Jyoti Tanaji Pawar v. Shankar Ramchandra Pawashe And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 335 OF 2016 IN ANTICIPATORY BAIL APPLICATION NO. 1787 OF 2015 Sou. Jyoti Tanaji Pawar ...Applicant

Versus

Mr.Shankar Ramchandra Pawashe & Anr.

...Respondents

......

Mr.Yuvraj P. Narvankar for the Applicant.

Ms.Sharmila S. Kaushik, APP for the State-Respondent No.2. Mr. Rupesh A. Zade for Respondent No.1.

......

CORAM : MRS.MRIDULA BHATKAR, J.

DATE : 2nd March 2017 P.C.:

1.

This application is moved for cancellation of pre-arrest bail granted by this Court by order dated 9th December 2015, wherein the respondent-accused was put to the condition that he shall not interfere with the complainant or the witnesses in any manner. Despite of this condition, the respondent-accused has committed wrongful act which led to the registration of three NCs against the respondent-accused by the complainant. The first NC No. 1465/2015 registered on 3rd November 2015, second NC No. 1590/2015 registered on 3rd December 2015 and third NC No.536/2016 registered on 2nd May 2016 for the

2 / 3 offences punishable under sections 504, 506 and 323 of the Indian Penal Code.

2.

The learned counsel for the original complainant has submitted that the complainant is 25 years lady having two children and there is an enmity between the family. The State has not filed any application for cancellation of the anticipatory bail. 3.

The learned counsel for the respondent-accused has submitted that the respondent-accused is a young boy of 22 years old. He has obtained a degree in engineering and preparing for the competitive examination. He is innocent and the bail is not to be cancelled.

4.

Considering the submissions and the registration of NCs and considering the age of the respondent-accused, I am of the view that the order of granting pre-arrest bail is to be modified and accordingly, the following conditions can be imposed on the respondent-accused.

ORDER

1) The respondent-accused shall stay away from the village Anjangaon, Taluka- Baramati, District -Pune and shall not contact in any manner and not harass the complainant in any manner.

3 / 3 2) The respondent-accused shall attend the concerned police station till 30th September 2017.

5.

Criminal Application is disposed of on the above terms. (MRIDULA BHATKAR, J.)