Babu Desu Rathod v. State Of Maharashtra

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2022.06.08 11:08:19 +0530 SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANT. BAIL APPLICATION NO.1444 OF 2022 Babu Desu Rathod ... Applicant Vs The State of Maharashtra ... Respondent ...

Mr. V.V.Purwant for the Applicant.

Mr. P.H.Gaikwad-Patil, APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.

DATE : 6 th JUNE, 2022.

P.C. :

Applicant seeks pre-arrest bail in connection with the Crime No.272 of 2022 registered at Akkalkot (South) Police Station for the offences punishable under Sections 323, 327, 504, 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) Heard Mr. Purwant, learned counsel for the applicant and Mr. Gaikwad-Patil, learned Additional Public Prosecutor, for Shivgan 1/3

the State. Perused the First Information Report. Primary evaluation of the First Information Report conveys that dispute in relation to the family property is pending between the complainant and the applicant. Complainant is real brother of the applicant. The First Information Report, prima-facie, does not suggest that the applicant voluntarily caused hurt to the complainant to extort the property. The other offences except one under Section 327 of the IPC, are bailable. In that view view of the matter, case is made out for granting the pre-arrest bail. Hence, following order;

ORDER

(i) In the event of arrest of the applicant in Crime No. 272 of 2022 registered with Akkalkot South Police Station, District; Solapur, he shall be released on executing PR bond for the sum of Rs.20,000/- with one or more sureties in like sum.

Shivgan 2/3

(ii) The applicant shall join the investigation on 2nd and 4th Monday of every month commencing from 13th June, 2022 between 11 a.m. to 1 noon for the period of two months. (iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case (iv) The application is accordingly allowed and disposed of.

It is made clear that observations made here-in-above be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.) Shivgan 3/3