Kiran Mahadeo Koli And ANR v. The State Of Maharashtra

1/3 shailaja.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1918 OF 2019

1. Kiran Mahadeo Koli ]

2. Upesh Devnath Koli ] Applicants

Versus

The State of Maharashtra ] Respondent .....

Mr. Shrishail Sakhare, for the Applicant.

Ms. Veera Shinde, A.P.P, for the Respondent-State. .....

CORAM : REVATI MOHITE DERE, J.

DATE : 11TH OCTOBER, 2019.

P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No. 248 of 2019, registered with the Malvani Police Station, Mumbai for the alleged offences punishable under Sections 353, 506, 504 r/w 34 of the Indian Penal Code.

2/3 3.

Perused the papers. It appears that the incident took place on 7th March, 2019. It is alleged by the complainant-Kundan Valvi that when he had gone to demolish the illegal construction allegedly constructed by the Applicants, the Applicants opposed the complainant and threatened and stopped him from performing his duty.

4.

Learned Counsel for the Applicants has tendered an Affidavit of the Applicants. The same is taken on record. In the said affidavit, the Applicants have undertaken not to obstruct any public officer while performing his official duty. Undertaking is accepted. 5.

Considering the aforesaid facts, custodial interrogation is not necessary. Accordingly, interim relief granted vide order dated 30th August, 2019 is confirmed on the following terms and conditions :-

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/-, with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called;

3/3 iii) The Applicants shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

6.

The Application is disposed of.

7.

All concerned to act on the authenticated copy of this order. [REVATI MOHITE DERE, J.]