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Bombay High CourtABA/3396/2022disposed off

Prakash Vilas Shingade v. State Of Maharashtra

2023-01-12Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2023.01.12 19:37:40 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3396 OF 2022 Prakash Vilas Shingade ..Applicant VS.

The State of Maharashtra ..Respondent Mr. Vishal Kolekar a/w Mr. Kishan Chaudhari, for the Applicant.

Mr. S. H. Yadav, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : JANUARY 12, 2023 P.C. :

1.

Heard learned counsel for the applicant. The following order was passed on 13/12/2022 while granting interim protection.

"1. Heard learned counsel for the applicant and learned APP for the State.

2. This is an application for pre-arrest bail in respect of the offence punishable under Sections 498-A, 376, 377, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 in connection with C.R. No.383 of 2022 dated 28/07/2022 registered with Kolshewadi Police Station.

3. The complainant is the wife of the applicant. The marriage of the complainant was solemnized with the applicant on 07/12/2020. In the complaint general allegations of ill-treatment and harassment are made. It is also stated that the 1/3

applicant was in a relationship with another lady, who has been named in the complaint.

4. Learned APP sees time to take instructions.

5. The applicant needs to be granted interim protection."

2.

Considering the nature of the allegations, the custodial interrogation of the applicant is not required as the dispute is in essence matrimonial in nature. The allegations being general in nature, the applicant can be granted anticipatory bail. The interim protection already in operation is therefore confirmed. Hence, the following order.

ORDER

(A) In the event of arrest of the applicant-Prakash Vilas Shingade in connection with C.R. No.383 of 2022 registered with Kolshewadi Police Station, the applicant shall be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

(B) The applicant to co-operate with the Investigation Officer.

(C) The applicant shall not directly or indirectly make any inducement, threat or promise to any person 2/3

acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence. 3.

The anticipatory bail application is disposed of. (M. S. KARNIK, J.) 3/3