Sagar Dashrat Misal v. The State Of Maharashtra

Vishal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1138 OF 2015 Sagar Dashrath Misal ... Applicant vs.

The State of Maharashtra ... Respondent Mr. K.S. Patil i/b. Mr. Prashant Hagare, for the Applicant. Mr. S.S. Pednekar, APP for the Respondent-State.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

AUGUST 14, 2015 P.C.:

.

The application is moved for pre-arrest bail as the applicant/accused is apprehending arrest for the offences punishable under Sections 363, 365, 323, 341, 342, 504 and 506 read with 34 of the Indian Penal Code in C.R. 98 of 2015 registered with Walchand Nagar police station, Pune. The complaint was given by one Dada Bharne.

2.

As per the case of the complainant the applicant/accused Sagar Misal picked up a quarrel with him and in the afternoon the 1 / 3

applicant/accused and other two persons kidnapped him and assaulted him with kicks and fist blows. He was kept in one room on 13th and 14th July, 2015 and thereafter on 16th July, 2015 he was released. In between on 13th July, 2015 his brother Nitin gave complaint of missing of the complainant Dada Bharne. Thereafter, the complainant gave information to the police station and the applicant/accused was arrested.

3.

The learned counsel for the applicant/accused submits that the case is bogus. The applicant/accused has not committed any offence. He submits that the applicant/accused was prosecuted in one case under Section 307 of the Indian Penal Code. However he is acquitted in that case on 21st September, 2005. 4.

The learned prosecutor opposed the application. 5.

Perused the first information report, the statement of the witnesses and the medical certificate. It shows that no ribs of the complainant were fractured. It seems that Kisan Pore who was accompanying the complainant, was aware about the assault and 2 / 3

threats given to the complainant by the applicant/accused. However, he did not report for two days to the police though the complainant was missing. Considering all the circumstances, I am inclined to confirm the interim pre arrest bail granted earlier to the applicant/accused.

6.

The interim pre arrest bail granted earlier to the applicant/accused on 7th August, 2015 is hereby confirmed on the same terms and conditions. Now the applicant/accused to attend the concerned police station till filing of the charge sheet. 7.

The anticipatory bail application stands disposed of on the aforesaid terms.

(MRS.MRIDULA BHATKAR, J.) 3 / 3