Surendrapratap Algoo Singh And ORS v. State Of Maharashtra

Dond 1/2 aba.2141-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO.2141 OF 2016 Surendrapratap Algoo Singh & Ors. Vs. The State of Maharashtra ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. S.V. Marwadi a/w Yogesh Rawool i/b S.S. Redekar for applicants. Mrs. P.P. Shinde,APP for State.

CORAM : A.S. GADKARI, J.

DATE : 6th April 2017.

P.C.:

1] By a detailed Order dated 10th February 2017, the applicants are granted interim relief.

2] It is the allegations against the applicants that due to dispute and differences in the business transactions, on 31.7.2016 at about 3.45 p.m the applicants threatened the complainant by pointing a revolver to him. The present crime is registered on 26.10.2016 i.e. belatedly after a lapse of about three months. It is to be noted here that, the police have incorrectly applied Section 307 of the Indian Penal Code and the aid of Section 115 is not taken. Though the applicant extended threat to the life of the complainant with a weapon, police have not applied the provisions of Section 506(II) of the Indian Penal Code till date and have simplicitely applied Section 506 of the Indian Penal Code.

Dond 2/2 aba.2141-2016.sxw 3] In view thereof, the applicant has made out a case for grant of pre-arrest bail. Hence, the interim relief granted by an Order dated 10.2.2017 is hereby confirmed. 4] The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)