Suryakant Tukaram Deshmukh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1174 OF 2015 WITH CRIMINAL APPLICATION NO.699 OF 2015 Dnyaneshwar Ankush Takik and Another ... Applicants vs.

The State of Maharashtra ... Respondent Mr. V.V. Purwant, for the Applicants/accused Nos. 5 and 15. Mr. Arfan Sait, APP for the State.

Mr. V.V. Ugle, for the Applicant/Intervener.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

21st SEPTEMBER, 2015 P.C.:

.

This is the second anticipatory bail application moved by the applicants/accused No. 5 Dnyaneshwar Takik and No. 15 Chandrakant Deshmukh. It is submitted by the learned counsel that the complainant Mukund Deshmukh has given an affidavit that there is a settlement between the applicants/accused and him and he has no grievances against the applicants/accused. He filed an affidavit dated 10th July, 2015.

2.

The learned prosecutor pointed out that this affidavit is Vishal 1 / 3

tampered and the NC which was registered and taken into account by rejecting the first pre arrest bail application on 8th July, 2015 was the NC dated 24th June, 2015 given by one Kiran Salunkhe who is the witness in this case and not by the complainant Mukund Deshmukh. The complaint given by Mukund Deshmukh is of dated 12th June, 2015 and not of 24th June, 2015. It is pointed out by the learned prosecutor that accordingly the statement of Mukund Deshmukh is recorded on 22nd August, 2015.

3.

In view of this, it appears that the applicants/accused have threatened the witnesses in this case and this affidavit is filed. The applicants/accused are still absconding and not arrested by the police officer though their pre arrest bail is already rejected on 8th July, 2015. There are no change in circumstances. Hence, I am not inclined to grant pre arrest bail.

4.

Hence, the application for pre arrest bail stands rejected. In view of the above, intervention application also stands disposed of. (MRS.MRIDULA BHATKAR, J.) 2 / 3

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.

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