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Bombay High CourtABA/2583/2021allowed

Pravin Uttamrao Nikalje v. The State Of Maharashtra

2022-12-16Hon'Ble Shri Justice R. N. Laddha3 pages

by CHITRA SANJAY SONAWANE Date:

2022.12.19 18:13:08 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2583 OF 2021 Pravin Uttamrao Nikalje Age 51 years, Occ: Municipal Councilor R/o: House No.230/1/1 Sanjay Nagar, Kumtha Naka, District- Solapur .... Applicant.

Versus

The State of Maharashtra Through Sadr Bazar Police Station vide C.R.No.102/2020) ...

Respondent.

...

Mr Akhilesh Dube,Advocate i/b Adv. Jaywant Avhad, Adv. Shakh Lal Shaikh, for the Applicant.

Mr V.B. Konde Deshmukh, APP for the State.

...

CORAM : R. N. LADDHA, J.

DATE : 16 DECEMBER 2022.

P.C.:

In this application, the Applicant has approached this Court seeking anticipatory bail in connection with an FIR bearing C.R.No.102 of 2020 registered against him at Sadar Bazar Police Station, Solapur, under Sections 307, 109, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code.

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2.

On 15.5.2020, when this application came up for consideration, this Court found that a prima facie case for grant of ad-interim protection was made out by the Applicant and that as such ad-interim protection could be granted. Consequently, the following order granting ad-interim protection was passed in favour of the Applicant.

"i)By way of ad-interim relief, in the event of arrest, the Applicant be enlarged on bail, on furnishing P.R.Bond in the sum of Rs.25,000/- and one or more solvent sureties in the like amount."

3.

Today, when the application is listed for further consideration, Mr Akhilesh Dubey, learned Counsel appearing for the Applicant submitted that, the Applicant had cooperated with the investigation and that, therefore, the application may be allowed in the interest of justice.

4.

Mr V.B. Konde Deshmukh, learned Additional Public Prosecutor confirms that the Applicants have indeed cooperated with the investigation. He submits that this Court may issue appropriate directions to the Applicant to attend the jurisdictional Court regularly as the charge sheet is already filed. 5.

Considering the reasons stated in the order dated 15.05.2020 granting ad-interim protection to the Applicant and the fact that he had cooperated with the investigation and now undertakes to attend the jurisdictional Court regularly, this Court is inclined to confirm interim protection by allowing the present Page No. 2 of 3

application.

6.

Given the above, the application is allowed in the following terms.

ORDER

a) It is directed that in the event the Applicant is arrested in connection with C.R.No.102 of 2020 registered at Sadar Bazar Police Station, Solapur, for the offences punishable under Sections 307, 109, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code, he shall be released on bail on furnishing a P.R.Bond of Rs.25,000/- and one or more solvent sureties in the like amount.

b) The Applicant shall not, himself or through any other person, indulge in any activity that would tamper with the evidence or influence the witnesses.

[R. N. LADDHA, J.] Page No. 3 of 3