Brahmanand Shankar Hindivali v. The State Of Maharashtra

1 /2 10-aba-1052-16.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1052 OF 2016 Brahmanand Shankar Hindivali Vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr Jude Fernandes for the applicant.

Smt. R.M. Gadhvi, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE :- 27th September, 2016 P.C.

1) By an elaborate order dated 28/6/2016 the applicant was granted interim relief. The reasons for granting interim relief have been elaborately mentioned in the said order. 2) The learned counsel for the applicant submitted that a bare perusal of the first information report would reveal that alleged act as contemplated under section 354 of the IPC had taken place during the course of the scuffle. The applicant did not have any intention to commit the said crime and it is either while pacifying the quarrel or during the scuffle the said alleged act has taken place. I find substance in the said submission.

3) In view of the above, the applicant has made out a case for his release on pre-arrest bail.

2 /2 10-aba-1052-16.doc Hence, the following order :- (a) The interim relief granted by an order dated 28/6/2016 is hereby confirmed;

(b) The application is allowed in the aforesaid terms.

(A.S.GADKARI, J.)