Yogesh Namdev Patil And ORS v. The State Of Maharashtra

ssk 1/2 Cri. ABA 2016/16-23/11/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2016 OF 2016 Yogesh Namdev Patil & ors.

... Applicants vs.

The State of Maharashtra ... Respondent Mr. Niranjan Mundargi i/by A. T. Gade, for the applicants. Smt. Rutuja Ambekar, A.P.P. for the State/respondent. Coram : N. W. SAMBRE, J.

Date : 23rd November, 2016 P.C. :

1.

The applicant is seeking pre-arrest bail in Crime No. I-151 of 2016 for the offence punishable under Sections 143, 147, 148, 149, 325, 326, 452, 109, 114, 504, 506, 509 of the Indian Penal Code and under Section 7 of the Criminal Law Amendment Act.

2.

Mr. Mundargi, the learned counsel for the applicant upon instructions does not press the application for applicant no.1 Yogesh Namdev Patil. As such, his application for grant of anticipatory bail is disposed off as not pressed. 3.

So far as applicant nos.2 and 3 are concern, the

ssk 2/2 Cri. ABA 2016/16-23/11/16 applicant no.2 is of the age of 68 years and there are no specific attributions against the applicant no.3. Looking to the nature of the allegations in F.I.R. and the fact that there is a discovery under Section 27 of some weapons in the commission of crime in question. In my opinion, applicants no.2 and 3 deserve to be released on bail in the event of arrest.

4.

In view thereof, in the event of arrest applicants no.2 and 3 be released on furnishing P. R. Bond of Rs.50,000/- each with one or two sureties in the like amount on the following conditions :

(i) The applicants shall furnish their mobile phone numbers and permanent place of abode to the Investigating Officer.

(ii) They shall attend the Investigating Officer on Monday and Thursday for two consecutive weeks from the next week and thereafter as and when called for.

(iii) They shall not tamper the evidence and/or influence the witnesses.

(iv) Two consecutive absence of the applicants before the trial Court will entail the learned Sessions Judge to cancel the bail of the applicants, if so required. 5.

Application stands allowed in the above terms. [ N. W. SAMBRE, J.]