Ananta Balwant Malvankar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1301 OF 2015 Ananta Balwant Malvankar ... Applicant Vs The State of Maharashtra ... Respondent Mr.Ganesh Gole i/b Meghna A. Gowalani, for the Applicant. Ms.P.P.Shinde, APP for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 03rd SEPTEMBER, 2015 P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the Respondent - State.

2.

By this Application, the Applicant seeks pre-arrest bail, in connection with C.R. No.I-145 of 2015, registered with the Vithalwadi Police Station, Thane, for the alleged offence punishable under Sections 324, 323, 504 r/w Section 34 of the Indian Penal Code. 3.

It may be noted here, that initially the complainant - Dipti @Muskan Safik Qureshi, who is a tenant of the applicant had lodged a complaint on 17th May, 2015 as against the present applicant and others alleging offences

2/3 punishable under Sections 323, 324, 504 r/w 34 of the Indian Penal Code. In the said CR, the applicant was arrested and was enlarged on bail. 4.

The learned counsel for the applicant submits that subsequently i.e. on 30th May, 2015, Section 313 of the Indian Penal Code came to be added and on 28th June, 2015, Sections 143, 147, 148, 149, 394, 354 came to be added. He submitted that the applicant is apprehending his arrest in view of the subsequent sections added to the aforesaid C.R. He submits that there is a substantial delay in adding the subsequent Sections. 5.

Learned APP does not dispute the fact that the applicant was arrested and subsequently enlarged on bail. The police have collected all the documents pertaining to the alleged offences, which were subsequently added.

6.

Considering the aforesaid facts, the custodial interrogation of the applicant is not required and the applicant is granted anticipatory bail on the following terms and conditions :-

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ORDER

i) In the event of arrest, the Applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

ii) The Applicant shall attend the Vithalwadi Police Station, Thane, every Saturday between 10.00 a.m. to 12.00 noon, till the filing of the charge-sheet ;

iii) The Applicant shall not tamper or attempt to influence the complainant or any persons concerned with the case ; iv) The Applicant shall co-operate in the conduct of the trial. 7.

The Application is allowed and disposed of in above terms. 8.

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

Parties to act upon the authenticated copy of this order. REVATI MOHITE DERE, J.