Mangalsing Kailash Kamble @ Rajput v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1231OF 2015 Mangalsing Kailash Kamble @ Rajput ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Shekhar Arwind Ingawale for the Applicant Mr. S. S. Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 21 st AUGUST, 2015 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 57 of 2015 registered with the Shiroli Police Station, Kolhapur, for the alleged offences punishable under Sections 143, 147, 148, 149, 341, 395, 504, 323, 427 of the Indian Penal Code, 1870. 3.

It is not disputed that all Sections except Section 395 are bailable Sections. Learned Counsel for the applicant submitted that the allegations that the applicant snatched the wallet of the complainant 1/3

containing Rs. 3,000/- and ATM card, are false and that the said allegation has been made only with the intent of applying the non-bailable Section. He submitted that the applicant is also ready to deposit Rs. 3,000/- in the Court.

4.

Perused the charge-sheet. It is not in dispute that all the applicants who have been named in the present FIR have been granted prearrest bail by this Court. As far as the allegation of causing injury to the complainant and Rajesh Jawalkar are concerned, the said injuries are simple in nature. The applicant has no criminal antecedents. Considering the nature of allegations, 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 furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount ; (ii) The applicant shall not tamper with the evidence; (iii) The applicant shall not threaten or pressurize the complainant and other witness;

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(iv) The applicant shall cooperate with the Investigating Officer and attend the concerned Police Station on every Thursday between 5:00 p.m. to 7:00 p.m. till the filing of the charge-sheet.

7.

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

8.

It is made clear that the observations made herein are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

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

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