Nikhil Nandkumar Sawant And ANR v. The State Of Maharashtra

rpa 1/3 9-aba-2005,1871-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2005 OF 2018 Vinod Devidas Rathod .. Applicant Vs.

State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1871 OF 2018 1) Nikhil Nandkumar Sawant; and 2) Amol Ramesh Patil .. Applicants Vs.

State of Maharashtra .. Respondent ......

Mr.Kuldeep Patil, Advocate for the Applicants. Mr.S.R. Agarkar, APP for the Respondent - State. Ms.Manisha Patil, PSI, Bhayander Police Station, District - Thane, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 10, 2019.

P.C. :

Applicants in both these applications were granted interim protection by order dated 28th September, 2018 passed in ABA No.2005 of 2018 and on 12th September, 2018, passed in ABA No.1871 of 2018. Applicants are apprehending arrest in

rpa 2/3 9-aba-2005,1871-18.doc connection with C.R.No.I-290 of 2018, registered with Bhayandar Police Station, District - Thane, for the offences punishable under Sections 365, 341, 323 and 506 read with 34 of Indian Penal Code ("IPC", for short).

The case of the complainant is that he was forcefully taken to a hotel premises and under coercion made to make a statement against the officials of the Corporation that he is collecting hafta at their instance.

Learned counsel for the applicants submitted that the offences under Sections 341, 323 and 506 of IPC are bailable in nature and the offence under Section 365 of IPC is not made out. Applicants were directed to attend investigating officer and cooperate with investigation. In pursuant to the interim order, the applicants have attended the concerned police station. Learned APP, on instructions from the officer who is present in the Court, submits that the investigation is over and within a period of 15 days, charge-sheet will be filed against the applicants.

rpa 3/3 9-aba-2005,1871-18.doc Taking into consideration the aforesaid circumstances, interim order passed earlier requires to be confirmed.

Hence, I pass the following order:

:: O R D E R ::

(i) In the event of arrest of the applicants in connection with C.R.No.I-290 of 2018, registered with Bhayandar Police Station, District - Thane, they be released on bail on their furnishing P.R. Bond in the sum of Rs.20,000/-, each, with one or more sureties in the like amount;

(ii) Applicants shall not tamper with the prosecution evidence;

(iii) Both Anticipatory Bail Applications stand disposed of.

(PRAKASH D. NAIK, J.)