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Bombay High CourtABA/2435/2019disposed off

Ashish Ashok Kumar Pant v. The State Of Maharashtra

2021-08-21Hon'Ble Shri Justice N. J. Jamadar2 pages

12-ABA2435-2019.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2435 OF 2019 Ashish Ashok Kumar Pant ...Applicant

Versus

The State of Maharashtra

...Respondents

Mr. Sunny Waska, for the Applicant.

Mrs. S. D. Shinde, APP for the State/Respondent.

CORAM:

N. J. JAMADAR, J.

DATED :

21st AUGUST, 2021 PC:- 1.

This application is preferred by the applicant for pre-arrest bail in connection with CR No.99/2019, wherein the applicant has been arraigned for the offences punishable under Sections 354 and 506 of the Indian Penal Code, 1860 ("the Penal Code"). 2.

By an order dated 8th November, 2019, this Court was persuaded to grant the interim relief as the Court was of the view that the allegations in paragraph 4 of the FIR, on the face of it, appeared to be improbable.

3.

Mrs. Shinde, the learned APP, informs the Court that after the aforesaid order dated 8th November, 2019, the applicant was arrested on 11th December, 2019 and, in adherence to the aforesaid order, he was released on bail.

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12-ABA2435-2019.DOC 4.

Furthermore, post completion of investigation, chargesheet has been lodged on 18th January, 2020, leading to CC No.380/PW/2020 before the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivali (West). 5.

In the backdrop of the aforesaid developments in the intervening period, and the nature of the accusation, which prima facie, do not warrant custodial interrogation, the interim order passed by this Court on 8th November, 2021, which has already been given effect to, deserves to be confirmed. 6.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

(ii) The applicant shall attend the proceeding in CC No.384/PW/2020, pending on the file of the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivali, regularly.

(iii) The applicant shall not contact the first informant and otherwise tamper with the prosecution evidence/ witnesses.

[N. J. JAMADAR, J.] 2/2