Bipinbihari H. Singh @ Mantu Singh v. The State Of Maharasthra

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1571 OF 2014 Bipinbihari H. Singh alias .Applicant Mantu Singh V/s.

The State of Maharashtra .Respondent Mr.A.Joshi i/b. Mr.Mukesh Sirswal, Advocate, for the Applicant Mr.Y.M.Nakhwa, APP, for the Respondent - State

CORAM

:

P.D.KODE, J.

DATE :

5TH JANUARY, 2015 P.C.

.

Heard.

2.

For the detailed reasons recorded in the order dated 10.12.2014, my predecessor has granted ad-interim pre-arrest bail to the applicant in connection with C.R.No.488 of 2014 registered with the Valiv Police Station for the offences punishable under Sections 452, 323, 504, 506 r/w.34 of the Indian Penal

Code. The prosecution has not filed the say.

Learned APP has opted to argue the matters on the basis of papers of investigation. The only offence punishable under Section 452 of the Indian Penal Code out of the other offences for which crime is registered is non-bailable. The incident allegedly has taken place on 27.11.2014. No repetition of such incident has been reported. After carefully considering the matters in the FIR, it is difficult to perceive of there being any need of custodial interrogation of the applicant for completion of investigation. Though learned APP has attempted to object the application on the count that there being feud in between the parties upon land transaction, there is every likely hood of repetition of such incident, care about it can be taken by imposing suitable conditions.

3.

Resultantly, the Anticipatory Bail

Application is allowed. The ad-interim direction given by my predecessor is hereby confirmed on earlier terms & conditions subject to the applicant attending the investigating officer on every Monday and Thursday in between 10:00 a.m. and 12:00 noon until filing of the charge sheet. In the event of failure of the applicant to attend the investigating officer, liberty to the prosecution to apply for cancellation of bail. 4.

The Anticipatory Bail Application stands disposed of accordingly.

(P.D.KODE, J.)