Manohar Sahdev Shinde v. The State Of Maharashtra And ANR.

rpa 1/3 9 aba 953 2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.953 OF 2020 Manohar Sahadev Shinde .. Applicant

Versus

State of Maharashtra and Anr.

.. Respondents ......

Mr.S.S. Bedekar, Advocate for the Applicant.

Mr.S.S. Pednekar, APP for the Respondent - State. Mr.Arjun Kadam, Advocate for Respondent No.2. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

FEBRUARY 15, 2021.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.376 of 2020, registered with V.P. Marg Police Station, Girgaon, Mumbai, for the ofences punishable under Sections 376(2), 406, 420, 504, 506 and 323 of Indian Penal Code ("IPC', for short) and under Sections 66(E) and 67(A) of Information Technology Act, 2000 ("IT Act", for short). The applicant was granted interim protection vide RajeP.

Aher by RajeP. Aher Date:

2021.02.20 17:08:30 +0530 order dated 22nd December, 2020. The order indicate that the parties have settled the dispute/discord amongst themselves and

rpa 2/3 9 aba 953 2020.doc they are likely to approach the Division Bench for quashing the FIR. The petition has been instituted for quashing the FIR, by consent. It is pending.

Vide order dated 22nd December, 2020, it was also observed that in the light of petition being instituted and in the wake of allegations contained in the application, which contain consensual relationship, the applicant is entitled for interim protection. Learned counsel for respondent no.2 confrms the fact that the relationship between the complainant and the applicant are now cordial and they are residing together and the petition is pending for quashing, by consent. In this circumstances, the interim protection granted on 22nd December, 2020, can be confrmed.

Learned APP has pointed out that the previous application was withdrawn vide order dated 29th October, 2020. However, subsequently, since the present application was preferred on the ground that the relationship between the parties are cordial and they have put to an end to discord, interim protection was granted to the applicant by order dated 22nd December, 2020. Taking into consideration the aforesaid circumstances, this application can be allowed.

rpa 3/3 9 aba 953 2020.doc Hence, I pass the following order.

:: O R D E R ::

(i) Anticipatory Bail Application No.953 of 2020, is allowed;

(ii) Interim order dated 22nd December, 2020, is confrmed;

(iii) In the event of arrest of applicants in connection with C.R.No.376 of 2020, registered with V.P. Marg Police Station, Girgaon, Mumbai, the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iv) Applicant shall report the concerned police station, as and when called for;

(v) Anticipatory Bail Application No.953 of 2020, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)