Adrian Arnold Williams v. The State Of Maharashtra And ANR

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2023.01.03 16:57:06 +0530 sg 1/2 15.apl1310-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1310 OF 2022 Adrian Arnold Williams ..

Applicant v/s.

The State of Maharashtra And Anr.

..

Respondents ....

Mr. Vinay Bhanushali, a/w. Mr. Govind Ghogare, for the Applicant. Mr. M.G. Patil, APP, for State.

....

CORAM: R.G. AVACHAT, J.

DATE : 2 JANUARY 2023.

P.C:- Heard.

2.

The challenge in this application is to proceedings initiated under Section 107 read with Section 111 of Code of Criminal Procedure.

3.

Perused the show cause notice dated 30 August 2022. The notice suggests that the Applicant is called upon to show cause as to why he shall not be directed to furnish a bond of Rs.50,000/- to keep peace and be of good behaviour. The legal position is very clear that in a proceedings under Section 107 read with 111 of Criminal Procedure Code, no interim bond for maintaining good behaviour could be

sg 2/2 15.apl1310-22.doc directed to be furnished. The learned Advocate for the Applicant submits that the authority concerned is insisting the Applicant to furnish an interim bond. The Executive Magistrate concerned is directed not to insist the Applicant to furnish any interim bond for maintaining good behaviour.

4.

With these observations, the application stands disposed of.

5.

The Executive Magistrate shall not be influenced by the observations made herein and to take the proceedings to its logical conclusion in accordance with law.

(R.G. AVACHAT, J.)