The State Of Maharashtra v. Anand Govind Bhojane And ANR

915 appln 690 of 2015.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.690 OF 2015 The State of Maharashtra .... Applicant V/s.

Anand Govind Bhojane and anr .... Respondents Mr. Deepak Thakare, APP for the Applicant.

CORAM : A. M. BADAR, J.

DATE : 28th JULY, 2016.

P.C. :

1.

By this application, the State is praying for quashing the impugned order dated 31.8.2015, passed by the learned Additional Sessions Judge, Khed, District: Ratnagiri, in crime No.62 of 2015, under Sections 365, 368 read with 34 of the Indian Penal Code, granting anticipatory bail to respondents/accused. The learned APP argued that victim of the crime is Sarpanch of the village Panchayat and she was abducted in order to keep her away from occupying the said post by accused persons. In the submission of the learned APP, the impugned order is illegal and therefore, liable to be set aside. 2.

Perused the F.I.R. as well as impugned order. The F.I.R. came to be lodged by mother-in-law of the abducted woman. It is against 1/2

915 appln 690 of 2015.doc unknown persons with averment that four persons came to their agricultural field and took with them her daughter-in-law Mohini on the pretext of taking her to a person named Vijay Masurkar. It is seen that no specific active role was attributed to respondent/accused in abduction and wrongful confinement or outraging the modesty of Mohini. According to prosecution case, both respondents had taken part in the conspiracy. Prima facie no tangible evidence of the offence was found against them. The learned Additional Sessions Judge, protected the liberty of respondents by granting pre-arrest bail to them. 3.

The impugned order is neither perverse nor suffers from consideration of extraneous material. Therefore, the order. Order Application is rejected.

[A. M. BADAR, J.] 2/2