Pandurang Popat Sandbhor v. The State Of Maharashtra

aba.1351-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1351 OF 2018 Pandurang Popat Sandbhor ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Manoj Mohite I/b Veerdhaval Kakade for Applicant. Mr. S.S. Hulke, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 13th December 2018.

P.C.:

1] By an Order dated 11th July 2018, the applicant was granted interim relief and was directed to report to the concerned Police Station as and when called for, to cooperate in the process of investigation. 2] Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation.

3] Perusal of the record of investigation, would reveal that, a quarrel between the applicant and Dr. Anil Shinde ensued in scuffle and the applicant assaulted Dr. Shinde with a footwear (chappal) on his face and head. When Dr. Anil Shinde got unconscious at the spot, the applicant took him to Unicare Hospital, where he was declared dead. 1/2

aba.1351-2018.doc 4] Prima facie it appears that, the applicant did not had intention to commit murder of Dr. Anil Shinde and it is due to the quarrel which a rose after hearing conversation recorded in the mobile phone of Dr. Shinde. The said quarrel ensued in a scuffle. The record indicates that, in pursuance of Order dated 11.7.2018, the applicant has attended the Investigating Officer and has cooperated in the process of investigation. In view thereof, the custodial interrogation of the applicant for further investigation in the present crime is not necessary.

5] Interim relief granted by Order dated 11th July 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2