Baputaj Chamantaj Patil v. State Of Maharashtra

27-aba-2289-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2289 OF 2023 WITH INTERIM APPLICATION NO.3101 OF 2023 Baputraj Chamantaj Patil ...Applicant vs.

The State of Maharashtra

...Respondent

Mr. Tejas Hilage, for the Applicant Mr. S.H. Yadav, APP, for the Respondent/State. Ms. Vilasini Balasubramanian i/b. Mr. Jaydeep Mane, for the Intervener.

CORAM :

N. J. JAMADAR, J.

DATE :

DECEMBER 12, 2023 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

This application is preferred seeking pre-arrest bail in connection with C.R. No.342 of 2023 registered at Vijapur Naka police station for the offences punishable under sections 323, 327, 354, 504, 506 read with 34 of Indian penal Code, 1860. 3.

By an order dated 17th August, 2023 this Court has granted interim bail noting inter alia that the counter versions were reported by the wife of the applicant. The Court is informed that the applicant has appeared before the investigating officer in terms of the aforesaid order and cooperated with the investigation. Vishal Parekar ...1

27-aba-2289-2023.doc 4.

Prima facie, two versions have been reported in respect of one and the same occurrence. Though the instant first information report appears to be first in point of time, there is medical evidence which lends support to the version of the wife of the applicant in cross first information report bearing C.R. No. 347 of 2023. 5.

Having regard to the nature of the accusation, custodial interrogation of the applicant does not seem to be warranted. 6.

I am, therefore, impelled to make the order of interim bail absolute.

7.

The order of interim bail dated 17th August, 2023 is made absolute on the terms and conditions incorporated therein. 8.

In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.

9.

It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. 10.

Application disposed.

11.

In view of the disposal of the application, Interim Application also stand disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2