Vinay Mahesh Tiwari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 634 OF 2015 Vinay Mahesh Tiwari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Kishor J. Kamble for the Applicant Ms. S. S. Kaushik, A.P.P for the Respondent-State API Mr. Amol Bhagat from Wadala Police Station is present CORAM : REVATI MOHITE DERE, J.

THURSDAY, 30 th APRIL, 2015 P.C. :

1.

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

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 64 of 2015 registered with the Wadala Police Station for the alleged offences punishable under Sections 326, 323 r/w 34 of the Indian Penal Code.

3.

The incident in question has taken place on 6th March, 2015. It is alleged that the applicant, his friends and the complainant were enjoying the Holi Festival, when all of a sudden, a quarrel started between them. 1/3

Learned Counsel for the applicant states that the only allegation qua the applicant is that he assaulted the complainant with fist blows. The other co-accused are alleged to have assaulted the complainant by cricket stumps, tile and scythe.

4.

Perused the papers. It appears that it was a sudden quarrel. The applicant is an Accountant and the only allegation qua him is that he has assaulted the complainant with fist blows. Considering the nature of allegations, the applicant is entitled to be granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ; (ii) The applicant shall attend the Wadala Police Station on every Sunday from 4:00 p.m. to 6:00 p.m. till the filing of the charge-sheet;

(iii) The applicant shall not tamper or attempt to contact the complainant or any witness concerned with the said case;

2/3

(iv) The applicant shall co-operate with the Investigating Agency.

5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

6.

It is made clear that the observations made herein are prima facie for the purpose of deciding this application. 7.

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

3/3