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Bombay High CourtABA/1369/2017others disposed off

Ganesh Balasaheb Barve And ANR v. The State Of Maharashtra

2018-06-29Hon'Ble Smt. Justice S.S. Jadhav3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1369 OF 2017 Ganesh Balasaheb Barve & Anr.

....

Applicants Vs.

The State of Maharashtra ....

Respondent Mr. Sanjiv Sawant i/by Mr. Samir M. Suryawanshi for the Applicants.

Mr. S.R. Agarkar APP for the State.

Mr. D.N. Dhadvad, Havaldar Ghodegaon Police Station, Pune Gramin.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 29th June, 2018 P.C.:

Heard the learned counsel for the applicants and the learned APP.

This is an application under Section 438 Code of Criminal Procedure. The applicants herein are apprehending their arrest in Crime No.159 of 2017, registered at Ghodegaon Police Station, District Pune, for the offences punishable under Sections 384, 506, 507 read with 34 of Indian Penal Code.

2/3 It is the case of the prosecution that the wife of Hanuman Dagdu Bhor lodged a report at the police station alleging therein that the present applicant no.1 had filed a complaint against her in June, 2016 that she had given a false certificate in respect of a minor showing that she had attained majority and in order to facilitate her marriage. The present applicants had allegedly called upon the complainant and demanded Rs.1,00,000/- to settle the complaint. They had demanded money from the complainant on several occasions. It is alleged that the brother of applicant no.2 has caused an accident in which Sopan Chaskar had expired. The relatives of Sopan Chaskar i.e. Santosh Chaskar had filed a complaint. The applicants had presumed that Chaskar family under the influence of the complainant were insisting upon the complainant to ask Chaskar family to withdraw the said case and continued to demand Rs.1,00,000/-. The applicants were granted interim relief vide order dated 2nd August 2017.

3/3 Perused the papers of investigation. Upon hearing the learned counsel for the applicants and the learned APP and on perusal of papers of investigation, it can be said that the applicants herein have made out case for grant of pre-arrest bail and confirmation of the order dated 2nd August 2017. In view of this, the interim relief granted vide order dated 2nd August, 2017 is confirmed on the same terms and conditions.

( Smt. Sadhana S. Jadhav, J)