Ashok Chanmalappa Manshetti v. State Of Maharashtra

23 aba 2076-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2076 OF 2022 Ashok Chanmalappa Manshetti ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Sangarsh Waghmare for the Applicant.

Mr. A.A.Palkatr, APP for the State.

CORAM : ANUJA PRABHUDESSAI,J.

DATED : 23rd AUGUST, 2022.

P.C.

1.

This is an application for pre-arrest bail in Crime No. 295 of 2022 registered with Akkalkot Police Station, Solapur for the offences under Section 323, 327, 504, 506 r/w. 34 of Indian Penal Code. 2.

Heard Mr. Waghmare, learned Counsel for the applicant and Mr. Palkar, learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

3.

The aforesaid crime was registered pursuant to the FIR lodged by Somashankar Kivade. A perusal of the FIR prima facie reveals that there was monetary transaction between the Complainant and one Malkanna Digitally signed by PRASANNA P SALGAONKAR Date:

2022.08.24 17:17:51 +0530 Birajdar. The Complainant claims that he had returned the money PRASANNA P SALGAONKAR pps

23 aba 2076-22.doc borrowed from Malkanna Birajdar, despite which said Malkanna Birajdar came along with the Applicant , assaulted him with blows and kicks and forcibly took away from him an amount of Rs.50,000/-. The statement of the Complainant is not corroborated by any other witness. Considering the role attributed to the Applicant, this Court had granted interim bail on 01.08.2022. It is stated that the Applicant has reported to the Investigating Officer and that he has been duly interrogated. 4.

Considering the above facts nd circumstances, the presence of the Applicant is not required for the purpose of custodial interrogation. Hence the application is allowed on the following terms and conditions:- (i) In the event of arrest of the applicant in Crime No.295 of 2022 registered with Akkalkot Police Station, Solapur, the applicant be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand Only) with one or two sureties in the like amount, to the satisfaction of the Investigation Officer.

(ii) The Applicant shall not interfere with the complainant and other witnesses in any manner.

(iii) The applicant shall provide his permanent as well as temporary address, if any, and his contact details to the Investigating Officer. (iv) The applicant shall not change his residential address without prior intimation to the Investigation Officer. (ANUJA PRABHUDESSAI, J.) pps