Tulsiram Shyamraj Kevat And ORS. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1655 OF 2014 Tulsiram Shyamraj Kevat and Others ...Applicants vs.

State of Maharashtra

...Respondent

Mr. S.R. Singh i/b. Mr. R.M. Upadhyay, Advocate for the Applicants.

Mrs. A.A. Mane, APP for the State.

CORAM : P.D. KODE, J.

DATE : JANUARY 12, 2015 P.C.

.

For the detail reasons recorded in the order dated 29-12-2014 my predecessor has granted an ad-interim direction in terms of Section 438 of Code of Criminal Procedure in favour of the applicants in connection with C.R. No.202 of 2014 registered with Boisar police station.

2.

Though the prosecution has filed say, having regard to the facts that counter F.I.R. has 1/3

been lodged by the party of applicants, the applicants were also required to be hospitalized, the counter F.I.R. registered amongst other for the offences under Section 307 of Indian Penal Code, it is difficult to negative the prayer for pre arrest bail on the count of the weapon of the offence is yet to be recovered. The perusal of the papers of investigation also does not reveal any imperative need of custodial interrogation of the applicants for the purpose of completion of investigation. 3.

It appears accordingly having regard to the nature of the weapon allegedly used by the applicants and the reason because of which the quarrel has been ensued in between the parties, the same can not be said to be a sole mode of recovery of the said weapon. However, learned APP pointed out that there exists a rivalry in between the parties, while confirming ad-interim direction, it appears proper to impose certain strict conditions. 2/3

4.

Resultantly, the application is allowed.

The ad-interim direction given vide order dated 2912-2014 is hereby confirmed on earlier terms and conditions with modification that each of the applicants shall attend the investigating officer on every Monday and Friday in between 4.00 pm to 5.00 pm until filing of the charge-sheet.

Application stands disposed of.

(P.D. KODE, J.) 3/3