Ranbirsingh Ishwarsingh Dudhani v. The State Of Maharashtra

906.ABA.1071.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1071 OF 2019 Ranbirsingh Ishwarsingh Dudhani ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Debajyoti Talukdar for the Applicant.

Mr. A.R. Kapadnis, A.P.P. for the Respondent - State. Mr. Pramod Khatake, A.P.I., Market Yard Police Station, Pune, present. CORAM : P.N. DESHMUKH, J.

DATED : 3rd MAY, 2019.

P.C. :

Issue notice. Learned A.P.P. waives service of notice for respondent-State. Heard learned Counsel for applicant and learned A.P.P. Perused the case diary.

Perusal of report would establish applicant's involvement as assailants of complainant Bhausaheb and his brother Popat by bamboo stick and contents are found corroborated with the medical reports of both these injured who are certified to have sustained grievous injuries. In that view of the matter though learned Counsel for applicants submitted that co-accused are released on anticipatory bail, said aspect does not establish case for applicant as the female accused was released on anticipatory bail as role attributed to her was only of instigation and nothing more. In that Waghmare 1/2

906.ABA.1071.19.doc view of the matter, no case is made out for interim protection. Learned Counsel for applicants, however, by referring to the pleadings on page 7 para (I) submitted that applicant's son died couple of days before. Learned A.P.P. on instructions, makes a statement that applicant's son died on 25.04.2019. It is, therefore, prayed that applicant be protected till 10.05.2019 so as to make himself available to attend rituals to be performed on the 13th day, which falls on 08.05.2019 and some function on 09.05.2019. In the circumstances, following order is passed :-

ORDER

(i) In the event of arrest of applicant in C.R. No. 200 of 2018 registered with Market Yard Police Station, Pune, for the offences punishable under Sections 307, 388, 326, 325, 143, 148, 149, 504, r/w.34 of I.P.C., he shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount; (ii) Applicant shall attend Investigating Officer if called till 10.05.2019 and shall co-operate with the investigation. The above order shall be effective till 11.05.2019 on which day applicants shall surrender before police.

Application stands disposed of in above terms. (P.N. DESHMUKH, J.) Waghmare 2/2