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Bombay High CourtABA/2139/2019allowed

Sunil Pusai Kori v. The State Of Maharashtra

2021-08-06Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2139 OF 2019 Sunil Pusai Kori .Applicant Vs.

The State of Maharashtra .Respondent Mr. Sumeet Gemnani i/b. Mr. Satyan R. Pille, Advocate, for the Applicant Mr. P. H. Gaikwad, APP, for the Respondent - State Mr. Vijay L. Palhad, PSI, Hill Line Police Station, Mumbai present

CORAM

:

SMT. ANUJA PRABHUDESSAI, J.

DATE :

06.08.2021 ( THROUGH VIDEO CONFERENCING ) P. C.

.

This is an Application filed under Section 438 of the Code of Criminal Procedure, 1973 by the aforesaid Applicant apprehending his arrest in Crime No. I-318 of 2019 registered with the Hill Line Police Station for the offences punishable under Sections 323, 326, 504, 506 r/w. 34 of the Indian Penal Code. 2.

The aforesaid crime was registered pursuant to the First Information Report lodged by Mr. Sachin Vijay Rao. A

perusal of the FIR reveals that the Applicant had allegedly assaulted him by kick and blows, whereas co-accused - Saddam had caused injuries by means of a broken bottle. Considering the role attributed to the Applicant, this Court ( Coram : Revati Mohite Dere, J. ) by order dated 01.10.2019 had granted interim protection to the Applicant with directions to report to the investigating officer on the dates specified in the order. It is stated that the Applicant has complied with the said condition and the presence of the Applicant is not required for the purpose of custodial interrogation.

3.

Considering the nature of allegations levelled against the Applicant, the Application is allowed on the following terms and conditions :- O R D E R (i) In the event of arrest of the Applicant in C. R. No. I318 of 2019 registered with the Hill Line Police Station, he be enlarged on bail on furnishing P. R. Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount; (ii) The Applicant shall furnish his current address and

mobile contact numbers and / or change of residence or mobile details, if any, to the investigating officer; (iii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

4.

The Application stands disposed of.

( SMT. ANUJA PRABHUDESSAI, J. )