Santosh Gangaram Jadhav v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1926 OF 2019 Santosh Gangaram Jadhav ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
Mr. Rajbali Dubey for the Applicant Ms. P. P. Shinde, A.P.P for the Respondent-State Nodal Officer PSI Mr. J. H. Wagh, from Chunabhatti Police Station, is present CORAM : REVATI MOHITE DERE, J.
FRIDAY, 4 th OCTOBER 2019 P.C.
Heard learned counsel for the applicant.
By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 116 of 2019 registered with the Chunabhatti Police Station, Mumbai, for the alleged offences punishable under Sections 307, 324, 323, 143, 147, 149, 504 and 506(2) of the Indian Penal Code and under Sections 37(1)(9) r/w 135 of the Maharashtra Police Act. Perused the papers. According to the complainant-Roshan Lokhande, the incident took place on 29th May 2019, when he and his 1/3
friend-Bunty Tavre had gone to Chembur to attend a birthday party. It is alleged by the complainant that when he was returning from the birthday party and had reached near Datta Mandir at about 1:15 a.m, Vinayak Chavan and Prajyot Mane came there and assaulted him and his friend with a knife and the other co-accused are alleged to have assaulted by fist and kick blows. According to the prosecution, the applicant is alleged to have instigated co-accused-Sanil Patil and Sagar Sawant to assault Jitendra. It appears that with respect to the said incident, there is a cross-case filed by the applicant's side as against the complainant in the present C.R and others, which is registered vide C.R. No. 117/2019. It appears that one person from the applicant's side had sustained grievous injuries. Learned A.P.P states that the applicant has reported to the Investigating Officer as directed by this Court vide order dated 3rd September 2019.
Considering the role of the applicant, the application is allowed and the interim relief granted by this Court vide order dated 3rd September 2019 is confirmed on the following terms and conditions :
ORDER
(i) In the event of the arrest, the applicant be enlarged on bail on 2/3
executing P.R. Bond in the sum of Rs.15,000/- 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;
(iii) The applicant to cooperate with the investigating agency. The application is disposed of in the aforesaid terms. It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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