Prakash Dharma Patil And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 935 OF 2018

1. Prakash Dharma Patil

2. Pranit Prakash Patil ..Applicant v/s.

The State of Maharashtra & Anr.

..Respondents Mr.Hrishikesh Mundargi a/w. Jayant Bardeshkar for the Applicant. Mr. S.S.Pednekar APP for the State.

CORAM : ANUJA PRABHUDESSAI,J.

DATED : SEPTEMBER 21, 2018.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid applicant apprehending his arrest in C.R.No.48 of 2018 registered at Taloja for the offences under Section 307, 323, 504 r/w. 34 of IPC.

2.

Heard Mr. Mundargi, the learned Counsel for the applicants and Shri Pednekar, the learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsels for the respective parties.

3.

The aforesaid crime was registered pursuant to the FIR lodged by Bharat Mukund Parikh. The FIR prima facie indicates that on 12th March, 2018 at about 22.00 hours the applicants herein had assaulted him by means of ice breaking instrument. The medical certificate reveals that the injuries sustained by the first informant are simple in nature. Furthermore, the applicants were granted interim bail and were directed to report to the Investigating Officer for a period of one week from 7th May, 2018, and thereafter if called, for the purpose of interrogation. The learned APP submits that the investigation is completed and the chargesheet will be filed within 8 to 10 days. It is submitted that the presence of the applicants will not be required for the purpose of interrogation. Furthermore, the applicants are permanent residents of Panvel, District Raigad. Hence, there are no chances of the applicants absconding or thwarting the course of justice.

4.

In the light of above, the application is granted on following terms and conditions:- (i) The application is allowed.

(ii) In the event of arrest of the applicants in Crime No.48 of 2018

registered with Taloja Police Station, the applicants be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) each with one or two solvent sureties in the like amount, to the satisfaction of the Investigation Officer. (iii) The applicants shall not tamper with the evidence or interfere with the complainant and the other witnesses in any manner. (iv) The applicants shall provide their permanent as well as temporary address, if any, and their contact details to the Investigating Officer.

(v) The applicants shall not change their residential address without prior intimation to the Investigation Officer. by Prasanna Pradeep Salgaonkar Date:

2018.09.26 11:34:06 +0530 (ANUJA PRABHUDESSAI, J.) Prasanna Pradeep Salgaonkar