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Bombay High CourtABA/1599/2015anticipatory bail granted

Imtiyaj Rajmahamad Inamdar v. The State Of Maharashtra

2015-10-23Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1599 OF 2015 Imtiyaj Rajmahamad Inamdar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Aniket Nikam, for the Applicant Ms. Veera Shinde, A.P.P for the Respondent-State Police Constable - D.D.Khande, Wadgaon -Nimbalkar Police Station, Pune.

CORAM : REVATI MOHITE DERE, J.

DATE : 23rd OCTOBER, 2015 1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

Learned Counsel for the Applicant seeks leave to amend the application. Leave granted. Amendment to be carried out forthwith. 3.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.44 of 2015 registered with the Wadgaon -Nimbalkar Police Station, Pune, for the alleged offences punishable under Sections 294, 506 r/w 34 of the Indian Penal Code and under Section 3(1)

2/3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4.

Learned Counsel for the Applicant states that the applicant, a Gram Sevak had issued a notice, which is on page 19 of the said application. He states that inadvertently instead of stating 'Maharashtra Gram Panchayat Rules;, while photocopying /xeroxing the said letter/notice, part of the word 'Maharashtra' was deleted from the notice that was sent to the complainant's wife and hence it appears as 'Mahar Gram Panchayat Rules'. He states that it was an inadvertent mistake. 5.

Perused the papers. Prima-facie, the possibility of mistake being inadvertent cannot be ruled out.

6.

Considering the nature of allegations, the applicant is granted anticipatory bail 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

3/3 sureties in the like amount ;

(ii) The applicant shall attend the concerned Police Station on every Saturday between 10.00 a.m. to 11.00 a.m., till the filing of the charge-sheet ;

(iii) The applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

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