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Bombay High CourtABA/1640/2016anticipatory bail granted

Ankush Rohidas Rupnawar v. The State Of Maharashtra

2016-09-30Hon'Ble Smt. Justice S.S. Jadhav3 pages

1 13.1640.16 aba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1640 OF 2016 Ankush Rohidas Rupnawar .....Applicant V/s.

The State of Maharashtra ....Respondent Mr. D. D. Rananaware Advocate for Applicant.

Mr. R. M. Pethe APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : SEPTEMBER 30, 2016.

PC :

1) Heard. This is an application under section 438 of Code of Criminal Procedure, 1973. Applicant herein is apprehending his arrest in crime no. 203 of 2016 registered at Vaduj police station for offence punishable under section 327 of the Indian Penal Code.

2) It is the case of the prosecution that on 28/08/2016, the complainant Anil Jadhav lodged a report at the police station that on 27/08/2016, at about 7.00 p.m., he and his brother Hemant were returning home. Applicant herein had intercepted them and since the applicant was aggrieved by the previous incident of a trifling quarrel, he had abused the brother of the complainant and

2 13.1640.16 aba thereafter, he had assaulted the complainant with a sharp edged knife on his ear, due to which he had sustained bleeding injury. It is also alleged that applicant had snatched a golden chain from the complainant. 3) It appears from the papers of investigation that the injury sustained by the complainant was a simple bleeding injury. It is also alleged that the golden chain worn by the complainant was snatched in the said incident. 4) Taking into consideration the nature of allegations, papers of investigation and the submissions advanced across the bar, applicant herein deserves to be granted pre-arrest bail as custodial interrogation would not be imperative. However, it is made clear that observations made herein above are prima facie in nature and shall not be considered for quashing of F.I.R., discharge application or at the time of trial.

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, applicant be enlarged on bail on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. (iii) Applicant shall report to the concerned police station on 5th, 6th and 7th October 2016 between 10.00 a.m. to 12.00 noon and co-operate with the

3 13.1640.16 aba investigating agency to the best of his capacity. (iv) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.)