Irfan Munaf Divte v. The State Of Maharashtra

Dusane 1/2 aba2097.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2097 OF 2016 Irfan Munaf Divte ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Amin Solkar, Advocate for the Applicant.

Smt. Lohokare, APP for the State.

Mr. Bhat, API, Shivaji Nagar Police Station, Mumbai present. Coram : N.W. SAMBRE, J.

Date : 6th December, 2016 P.C.

The applicant is seeking pre-arrest bail in Crime No. 315 of 2016, registered with Shivaji Nagar Police Station, Mumbai, for the offence punishable under Sections 395, 397, 506(II), 427 read with 34 Indian Penal Code.

Amongst other, the grounds which are pressed for getting pre-arrest bail are that the investigation in the matter is already over. There is counter F.I.R. resulting in registration of Crime No. 316 of 2016 against the group of complainant in Crime No.315 of 2016. The role attributed to the applicant is not serious. The custodial interrogation is not warranted.

Dusane 2/2 aba2097.2016 Perused the investigation papers. It appears that the applicant is named as group leader, who has assaulted the complainant with a specific role. Injury certificate further confirms the participation of the applicant to the crime. No case is made out for pre-arrest bail. The application fails and hence rejected.

(N.W. SAMBRE, J.)