Swapneel Pradeep Wagh And ANR v. State Of Maharashtra

33-ABA-1563-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1563 OF 2023 Swapneel Pradeep Wagh And Anr ...Applicants

Versus

State Of Maharashtra

...Respondent

Mr.Rahul Shelke a/w Ms. Neha Sharma, Akshay Bansode Advocate for the Applicant.

Mr. M. G. Patil, APP for the Respondent - State. PSI Vasant B. Bhoye, Shrinagar Police Station, Thane City, Present.

by ETHAPE DNYANESHWAR ASHOK Date: 2023.09.16 12:51:19 +0530

CORAM

:

N. J. JAMADAR, J.

DATE :

14th SEPTEMBER, 2023.

ETHAPE DNYANESHWAR ASHOK PC.

:

1.

Heard the learned Counsel for the Applicants and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with C.R. No. 93 of 2023 registered with Shrinagar Police Station, Thane City for offences punishable under Sections 323, 327, 329, 427 and 504 of the Indian Penal Code, 1860. 3.

By an order dated 12th June 2023, this Court was persuaded to grant interim protection upon certain conditions.

4.

Learned has APP tendered the injury certifcate of the D.A.ETHAPE

33-ABA-1563-2023.doc frst informant for perusal of the Court. The injury certifcate indicates that, the frst informant sustained CLW and two abrasions, all simple injuries.

5.

In view of the above, the offence punishable under Section 329 of Indian Penal Code, 1860 does not seem to have been prima facie made out. Therefore, in addition to the reasons assigned in the order granting interim bail on 12th June 2023, the nature of the injuries which the frst informant suffered weighs with the Court to make order of interim bail absolute.

Hence, the following order:-

ORDER

(i) The order of interim bail dated 12th June 2023, is made absolute on the terms and conditions incorporated therein.

(ii) In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court (iii) Application stands disposed.

(N. J. JAMADAR, J.) D.A.ETHAPE