Tushal Prakash Shinde v. The State Of Maharashtra

1 904-ABA 1465-19.doc HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1465 OF 2019 Tushar Prakash Shinde ... Applicant

Versus

The State of Maharashtra ... Respondent Mr. Sachin H. Deokar, Advocate for the Applicant. Mr. S. S. Pednekar, APP for the State/Respondent. Mr. G. V. Pawar, PSI, Lonand Police Station.

CORAM :- SARANG V. KOTWAL, J.

DATE :- 9 th July, 2019.

P. C. :- 1.

The applicant is seeking anticipatory bail in connection with CR No. 35/19 registered with Lonand Police Station under Sections 353, 341 read with 34 of the IPC.

2.

The FIR is lodged by one Arjun Kawde on 9th February 2019, who was a S.T. bus driver. The incident occurred on 8th February 2019 at around 11.30 p.m. When the bus was passing through Taradgaon village, one Scorpio car overtook the informant's ST bus. There was some quarrel between the passengers of Scorpio and ST conductor.

2 904-ABA 1465-19.doc Four passengers from the car assaulted the informant and the bus conductor. The FIR mentions the registration number of Scorpio car as MH-12-FU-1225. It was mentioned that the passengers were between the age group of 30-35. On the basis of these allegations FIR is lodged. 3.

Heard Mr. Deokar, learned counsel for the applicant and Mr. Pednekar, learned APP for the State.

4.

Learned counsel for the applicant submitted that there is no connection of the present applicant with the alleged offence. He is unnecessarily sought to be arrested in this offence. Learned APP with the assistance of the investigating officer, who is present in the court, could not point out any connection of the present applicant with the alleged crime.

5.

In view of this, since there is no connection shown by the police against the present applicant connecting him with the crime, the applicant deserves to be protected by anticipatory bail. Hence, the order:-

ORDER

1.

In the event of his arrest in connection with C.R.No. 35/19 registered with Lonand Police Station, the Applicant is directed to be released on bail on his executing P.R. Bond in the sum of Rs.25,000/-

3 904-ABA 1465-19.doc (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

2.

Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)