Shubham Prakash Khisti v. State Of Maharashtra And ANR

2023:BHC-AS:29086 55-ABA1955-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1955 OF 2023 Shubham Prakash Khisti ...Applicant

Versus

The State of Maharashtra and ors.

...Respondents

Mr. Rameshwar Bhise, a/w Dnyaneshwar Dohiphode, for the Applicant.

Mr. M. G. Patil, APP for the State/Respondent.

CORAM:

N. J. JAMADAR, J.

DATED:

3rd October, 2023 PC:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

By an order dated 29th August, 2023 this Court was persuaded to grant interim protection observing inter alia as under:

"3.

The gravamen of indictment against the applicant is that the applicant subjected the daughter of the <rst informant to cruelty in order to coerce her to meet an unlawful demand and caused the dowry death of the deceased.

4.

From the perusal of the allegations in the FIR prima facie it does not appear that the <rst informant had adverted to either an unlawful demand or harassment the deceased was subjected to in order to coerce her to meet the unlawful demand. Indeed there are allegations against the behaviour of the applicant, which the deceased found offensive and insulting. The allegations in the FIR prima facie lack the element of demand of dowry."

1/2

55-ABA1955-2023.DOC 3.

The learned APP submits that pursuant to the order dated 29th August, 2023 the applicant has appeared before the Investigating Of<cer and cooperated with the investigation. In the backdrop of the nature of the allegations in the FIR, custodial interrogation of the applicant does not seem to be warranted to facilitate effective investigation. 4.

The applicant seems to have roots in the society. Possibility of ?eeing away from justice seems to be remote. I am, therefore, inclined to make the interim bail order dated 29th August, 2023 absolute.

5.

Hence, the following order:

: O R D E R :

(i) Order dated 29th August, 2023 is made absolute on the terms and conditions incorporated therein. (ii) The applicant shall appear before the Investigating Of<cer as and when directed till the <ling of the charge-sheet.

(iii) The applicant shall regularly attend the proceedings before the jurisdictional Court.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2