Mineshwar Jagannath Ayare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1841 OF 2015 Mineshwar Jagannath Ayare ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Kuldeep S. Patil, Adv. for the applicant. Mrs. G.P. Mulekar, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 15 th December, 2015.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicant apprehending his arrest in Crime No.88 of 2015 registered at Ghodegaon Police Station, Pune for the offences punishable under Sections 143, 147, 148, 149, 326, 323, 504 & 506 of IPC.

2.

The case of the prosecution in brief is that on 10th October, 2015 at about 11 am the applicant and others had formed an unlawful assembly armed with deadly weapons and that they had inflicted injuries on Alka Kachar Gavhane. The applicants are also alleged to have intentionally insulted and intimidated the complainant and his family members.

3.

Mr. Patil, the learned counsel for the applicant has stated that the material on record does not prima facie disclose offence under Section 326 of the IPC.

4.

Mrs. Mulekar, the learned APP for the State submitted that the injuries sustained by Alka are of simple nature. 5.

In the light of the above statement made by the learned APP for the State, in my considered view, prima facie the provisions of Section 326 would not be attracted. The other offences are bailable. Hence this is a fit case to grant bail to the applicant. 6.

Under these circumstances, the application is allowed on the following terms and conditions :

1. In the event of arrest of the applicants in Crime No.88 of 2015 registered at Ghodegaon Police Station, Pune, the applicant shall be released on bail bond of Rs.15,000/ (Rupees Fifteen Thousand Only) with one or two sureties in the like amount to the satisfaction of the JMFC, Ghodegaon.

2. The applicant shall report to investigating officer for 4 days from 10 am to 1 pm from the receipt of this order and further as

and when required by the investigating officer for the purpose of the interrogation.

3. The applicant shall not tamper with the evidence or influence complainant and witnesses in any manner.

4. The applicant shall not leave Dist. Pune till filing of the chargesheet without prior permission of JMFC, Ghodegaon. ( ANUJA PRABHUDESSAI, J. )