Yogesh Balasaheb Makwan And ORS v. The State Of Maharashtra

jsn ABA No.1961_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1961 OF 2015 Yogesh Balasaheb Makwan & Ors.

...

Applicants Vs.

The State of Maharashtra ...

Respondent Mr. Sandip D. Shinde, Adv. for the applicants. Mrs. G.P. Mulekar, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 4 th January, 2016.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicants apprehending their arrest in Crime No.534 of 2015 registered at Baramati Police Station for offences punishable under Section 420 r/w. 34 of IPC.

2.

Heard Mr.Shinde, the learned counsel for the applicant and Mrs. Mulekar, the learned APP for the State and I have perused the records. The records prima facie reveal that the daughter of the complaint was to marry the applicant No.1, but the marriage was subsequently called off. The complainant therefore lodged a complaint alleging that the aforesaid applicants have cheated him and his daughter. Prima facie mere calling off the marriage would not

jsn ABA No.1961_2015 constitute offence under Section 420 of IPC. The nature of the allegations levelled against the applicants, in my considered view, do not justify custodial interrogation. The applicants are therefore entitled for bail and hence the application is allowed under the following terms and conditions.

1. In the event of arrest of the applicants in Crime No.534 of 2015 registered at Baramati Police Station, the applicants shall be released on bail bond of Rs.20,000/- (Rupees Twenty Thousand Only) each with one or two sureties in the like amount to the satisfaction of the JMFC, Baramati.

2. The applicants shall report to investigating officer on 16th and 17th January, 2016 from 10 am to 1 pm. for the purpose of the interrogation.

( ANUJA PRABHUDESSAI, J. )