Santosh Bhaidas Ahire And ORS v. The State Of Maharashtra

aba.2537-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2537 OF 2018 Santosh Bhaidas Ahire & Ors.

..Applicants Vs The State of Maharashtra ..Respondent ----- Mr. Kuldeep Patil for applicant.

Mr. Amit Palkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 14th March 2019.

P.C.:

1] By a reasoned Order dated 11th December 2018, the applicants were granted interim relief and were directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. The learned APP on instructions submitted that, the applicants have complied with the said directions and have co-operated in the process of investigation.

2] Perusal of the record of investigation would indicate that, the close relatives of the applicant No.1/husband have been impleaded in the present crime predominantly under Section 498(A) of the Indian Penal Code.

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aba.2537-2018.doc In view of the ratio laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs State of Bihar reported in (2014) 8 SCC 273, the applicants deserve to be protected by pre-arrest bail. 3] In view thereof, Interim relief granted by Order dated 11th December 2018 is hereby confirmed.

However, the condition to attend the Investigating Officer is waived.

4] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2