Vikrant Jaywant Sankhe v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 913 OF 2022 Vikrant Jaywant Sankhe, Age: 45 years, Occu.: Business, Residing at Post Vengani, Taluka and District Palghar ...

Appellant

Versus

1.

The State of Maharashtra at the instance of Boisar Police Station, 2.

Amrut Prakash Dhondi, R/o.Old Dandipada, Boisar, Taluka and District Palghar.

...

Respondents ---- Ms. Vrishali R. Raje for the Appellant.

Mr. S.S.Pednekar, APP for the Respondent-State. Mr. Suhas Kadu a/w Mr.Akhilesh Dubey, Mr.Dharmesh Joshi i/by Law Counsellors for the Respondent No.2.

---- CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : APRIL 13, 2023 P. C. :

1.

Heard learned counsel for the parties.

2.

By this appeal, preferred under Section 14A of the Digitally signed by SANJAY ASARAM MANDAWGAD Date:

2023.04.25 18:14:13 +0530 SANJAY ASARAM MANDAWGAD Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, "SC/ST Act"), the appellant seeks pre-arrest

2/3 bail in connection with C.R.No.388 of 2022, registered with the Boisar Police Station, Palghar for the alleged offences punishable under Sections 367, 323, 504, 506, 427 read with Section 34 of the Indian Penal Code, 1860 and Section 3(1) (r) & (s) of the SC/ST Act.

3.

Perused the papers. It is not in dispute that interim protection was granted by the Additional Sessions Judge vide order dated 30th August, 2022, however, subsequently, the learned Additional Sessions Judge rejected the appellant's application for pre-arrest bail i.e. Bail Application No. 341 of 2022 vide order dated 12th September, 2022. Pursuant thereto, the appellant has filed the aforesaid appeal against the impugned order dated 12th September, 2022.

4.

This Court (Coram: A.S.Gadkari and Milind N. Jadhav, JJ.) after hearing the parties, vide order dated 19th September, 2022, granted ad-interim relief in favour of the appellant.

5.

Learned APP states that after investigation, the police have filed chargesheet in the said case and that the said case has been committed to the learned Special Judge, Palghar on 21st December, 2022.

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Considering that the chargesheet has been filed, the question of custodial interrogation now will not arise and hence the ad-interim relief granted by this Court vide order dated 19th September, 2022, stands confirmed on the following terms. (i) In the event of the arrest, Appellant-Vikrant Jaywant Sankhe is directed to be released on bail, on executing PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount;

(ii) The appellant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(iii) The appellant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case; 7.

The Appeal is disposed of in the aforesaid terms. 8.

All concerned to act on the authenticated copy of this order.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.