Rajkumar Krishna Joshi v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1462 OF 2019 Rajkumar Krishna Joshi ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.M.H.Chaudhary, i/b Sumaira Legal Associates, for the Applicant. Ms.P.P.Shinde, A.P.P for the Respondent - State. Police Inspector - Ravindra Wani, Narpoli Police Station, Bhiwandi, Thane, is present.

CORAM : REVATI MOHITE DERE, J.

DATE : 9th JULY, 2019 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.280 of 2019 registered with the Narpoli Police Station, Thane, for the alleged offences punishable under Sections 353, 332, 341, 324, 323, 504, 427, 141, 142, 143,146, 147, 149, 150, 151, 152 and 153 of the Indian Penal Code.

2/4 3.

Perused the papers. The incident is alleged to have taken place in the intervening night of 8th May 2019 and 9th May, 2019 between 11.30 p.m. to 2.45 a.m. near Mankoli Police Station, Bhiwandi. It is alleged that there was scuffle between the police and the local residents, pursuant to which, the aforesaid complaint came to be lodged. According to the complainant - Manikrao Kature, PSI, two thieves were arrested and that there was a scuffle between the locals and the police as the locals wanted the thieves in their custody. It is alleged that the applicant along with several others refused to listen to the police and abused the police. It appears that in the scuffle that took place between the police and the residents, some of them pushed the police.

4.

Considering the aforesaid, in the facts, custodial interrogation of the applicant is not necessary. The application is accordingly allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on

3/4 executing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to Senior P.I. - Maloji Shinde, Narpoli Police Station, on 15th July, 2019 and 16th July, 2019, between 10.00 a.m. to 12.00 noon, instead of P.I. - Ravindra Wani ; (iii) The applicant shall not contact the complainant, witnesses or any person concerned with the case.

5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

6.

It is made clear, that the observations made herein are prima facie and are confined to this application.

7.

To be listed on the Supplementary Board on 17th July, 2019, for recording compliance of the attendance, under the caption 'For Direction'.

4/4 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.