Somnath S/O. Kisan Hole v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.801 OF 2017 Somnath Kisan Hole .Applicant Vs.

The State of Maharashtra .Respondent Mr.Sachin Dhakephalkar, Advocate, for the Applicant Mr.Rajan Salvi, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

09.06.2017 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks pre-arrest bail in connection with C.R.No.151 of 2017 registered with the Yavat Police Station, Pune(Rural), for the alleged offence punishable under Section 420 r/w.34 of the Indian Penal Code and under Sections 33 & 36 of the Medical Practitioners Act. 3.

Learned counsel for the Applicant submits that the only allegation against the Applicant is that he allowed his premises to be used for sex determination. He submits that infact, no offence as alleged is disclosed qua the Applicant.

4.

Learned APP states that custodial interrogation of the Applicant is not necessary. He states that charge-sheet has been filed against all the accused including the Applicant. 5.

Considering the statement made by the learned APP and the role attributed to the Applicant, the Application is allowed. The Applicant is granted pre-arrest bail on the following terms & conditions:- O R D E R (i) In the event of arrest, the Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(ii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iii) The Applicant shall inform his latest place of residence and mobile contact number immediately and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(iv) The Applicant to cooperate with the conduct of the trial.

6.

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

7.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

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