Vishwas Dharmaji Mhatre v. The State Of Maharashtra

39-aba-2827-21.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.04.03 14:29:53 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2827 OF 2021 Vishwas D. Mhatre ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Gaurav Parkar for the Applicant.

Mrs. Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

30.01.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.239 of 2021 registered at Pen Police Station, Raigad for the ofences punishable under Sections 353, 323, 427, 504 and 506 of the Indian Penal Code.

3.

This Court on 30 November 2021 passed the following order. "

Heard learned Counsel for the applicant and learned APP.

2 It is alleged that on 10/11/2021 at about 5.10 p.m. while informant was performing duties, the applicant came there and started raising commotion and abusing. When the informant asked as to why he is abusing, the applicant told that he was not given the outage (switching of electricity supply for doing work). The informant then asked whether his outage was sanctioned to which the applicant expressed ignorance and allegedly gave a slap Dinesh S. Sherla 1/2

39-aba-2827-21.doc and shoved the informant.

3 Having regard to the nature of accusation, ad-interim relief is required to be given in favour of the applicant. Hence, the following order:

ORDER

(i) In the event of arrest of the applicant/accused Vishwas Dharmaji Mhatre in C.R.No.239 of 2021 registered with Pen Police Station, Raigad, for the ofences punishable under sections 353, 323, 427, 504, 506 of Indian Penal Code, the applicant be enlarged on bail on his furnishing PR & SB in the sum of Rs.20,000/- with one or two sureties. (ii) The applicant/accused shall make himself available for interrogation by a police ofcer of concerned police station as and when required.

(iii) Issue notice to the concerned police station, returnable on 7th January, 2022.

(iv) This order shall remain in force till the next date." 4.

The learned APP, on instructions, submits that the prosecution has fled the charge-sheet against the present applicant.

5.

Considering the overall facts and circumstances and as there are no other criminal antecedents, I am inclined to allow the present application. Accordingly, the interim order passed by this Court on 30 November 2021 is hereby confrmed. 6.

Anticipatory Bail Application is disposed of. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2