Mohan Bira Choramale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1855 OF 2022 Mohan Bira Choramale .... Applicant v/s.

The State of Maharashtra .... Respondent Ms. Manisha Devkar a/w. Shankar Katkar for the Applicant. Mr. Y.Y. Dabke, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 29th AUGUST, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. for pre-arrest bail in C.R.No.307/2022 registered with Mangalwedha Police Station, Dist.Solapur Rural for offences punishable under sections 143, 147, 148, 307, 323, 324, 504, 506 r/w. 149 of the Indian Penal Code ; sections 4, 25 of Indian Arms Act, 1959 and section 135 of Maharashtra Police Act, 1951.

2.

The case of the prosecution is that the Applicant and others had formed an unlawful assembly armed with deadly weapons. It is alleged that the Applicant had assaulted the first informant by the blunt side of the axe. Considering the nature of accusations against the Applicant 1/3

and the material in support thereof, this Court (Coram : N.J. Jamadar, J.) by order dated 08/07/2022 granted interim protection to the Applicant with directions to co-operate with the investigation. Learned APP states that the Applicant has co-operated with the investigation and that he has been duly interrogated. The weapon of assault has been recovered and that the Investigation is almost completed. Under the circumstances, the presence of the Applicant is not required for custodial interrogation. Hence, the Application is allowed on the following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.307/2022 registered with Mangalwedha Police Station, Dist.Solapur Rural, he shall be released on bail on furnishing P.R. bonds in the sum of Rs.25,000/- with one or more sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer as and when required ;

(c) The Applicant shall not interfere with the complainant and the other prosecution witnesses and shall not tamper with the evidence or attempt to influence or contact the 2/3

complainant, witnesses or any person concerned with the case in any manner ;

(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

3.

Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.08.30 16:25:54 +0530 3/3