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Bombay High CourtABA/1997/2018anticipatory bail granted

Avinash Chintaman Patil And ORS v. The State Of Maharashtra

2019-01-31Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 926) aba1997-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1997 OF 2018 1.

Avinash Chintaman Patil, 2.

Ravindra Suresh Ahire, 3.

Shivanand Sundar Shetty ..Applicants.

V/s.

The State of Maharashtra ..Respondent.

Mr.Ramesh N.Gite for the applicants.

Mr.S.H. Yadav, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : JANUARY 31, 2019 P.C.:- Heard learned counsel for the applicants and learned APP for the State.

2.

In crime No.I-137/2018 for offence punishable under sections 394, 427, 504 and 506 read with 34 of the Indian Penal Code registered with Chavani police station, Taluka Malegaon, District Nashik, the applicants are seeking pre-arrest bail. 3.

In the order dated September 27, 2018, this Court has already recorded the reasons while granting ad-interim protection in favour of the applicants.

2 926) aba1997-18.doc 4.

In addition to above, what could be noticed is, one of the applicant has lodged a complaint dated August 21, 2018 against the complainant resulting into registration of crime No.138/2018. As such, false implication of the applicants in the crime in question can't be ruled out. As such, the application is liable to be allowed. Hence the order :- i) In the event of arrest in Crime No.I-137/2018 for offence punishable under sections 394, 427, 504 and 506 read with 34 of the Indian Penal Code registered with Chavani police station, Taluka Malegaon, District Nashik the applicants be released on bail on their executing P.R. bond of Rs.25,000/- each with one or two sureties each in the like amount; ii) The applicants shall attend the Investigating officer on 3rd, 5th, 8th and 11th February, 2019 between 10.00 a.m. to 12.00 noon and thereafter as and when directed;

iii) The applicants shall not influence the prosecution witnesses or tamper with the evidence;

iv) The applicants shall co-operate with the investigating agency; v) The application stands disposed of accordingly. (NI TIN W. SAMBRE, J.)