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Bombay High CourtABA/1943/2022allowed

Hanmant Laxman Chavan v. State Of Maharashtra

2022-07-19Hon'Ble Shri Justice Prithviraj K. Chavan4 pages

by CHITRA SANJAY SONAWANE Date:

2022.07.20 17:12:34 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1943 OF 2022 Hanmant Laxman Chavan Age -44 yrs, Occ: Agriculature r/a Post Kumbhar galli, Maneri galli, Tal-Sangola, District-Solapur.

...

Applicant.

Vs.

The State of Maharashtra (Through PI Sangola Police Station, Sangola, Dist-Solapur) ...

Respondent.

...

Mr.Rajaram V. Bansode, Advocate for the applicant. Mr. P.H.Gaikwad, APP for the State.

Police Naik Nagnath Tipanna Wakirol, Sangola Police station, Solapur present.

...

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 19th JULY, 2022.

P.C.:

1.

The applicant herein seeks pre-arrest bail, in connection with Crime No.547/2022, under Sections 307, 323, 504, 506, 143, 147, 148, and 149 of I.P.C. as well as 120(b) and 327 of I.P.C., on the basis of an FIR lodged by one Ms Aruna Shivaji Salunkhe.

2.

Heard Mr.Bansode, the learned Counsel for the applicant.

3.

My attention is invited to an order passed by the learned Additional Sessions Judge, Pandharpur, dated 23.6.2022, by which one of the coaccused viz.Vishal Dilip Jadhav has already been released on bail, by imposing certain conditions, whose role was akin to that of a role of the present applicant, in the sense, this applicant had also inflicted fist blows to the victim and nothing more than that. Similarly, the learned Sessions Court, Pandharpur, had also released another co-accused viz. Rushikesh Namdeo Chavan on bail, by imposing similar conditions. It is apparent from the observations made by the learned Sessions Judge, that investigation is almost complete and no further recoveries or discoveries are to be made.

4.

Learned A.P.P., on instructions of the Investigating Officer, who is present before the Court, also submits that custodial interrogation of the applicant is not required, however, he submits that there are 11 cases registered against him in the past. Therefore, he does not deserve prearrest bail. 5.

Having considered aforesaid facts and circumstances, following order is expedient.

i) The application is allowed.

ii) In the event of his arrest, the applicant be enlarged on bail, on executing a P.R. bond in the sum of Rs.25,000/- with one or two sureties in the like amount, to the satisfaction of the learned Sessions Judge, Pandharpur.

iii) The applicant shall not directly or indirectly influence,

threaten or tamper with any of the prosecution witnesses and their family members.

iv) The applicant shall attend concerned police station twice in a week on every Wednesday and Saturday between 11.00 a.m. to 1.00 p.m. till filing of the Chargesheet.

v) The applicant shall also furnish permanent residential Address and Cell number to the Investigating Officer and shall appear before the Investigating Officer as and when summoned, in connection with the present crime.

vi) If the applicant commits breach of any of the conditions mentioned hereinabove, the prosecution is at liberty to apply for cancellation of bail.

6.

The application stands disposed of.

[PRITHVIRAJ K.CHAVAN J.]