Srinivas Venkatesham Chimmani v. The State Of Maharashtra

osk 7-aba-2637-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2637 OF 2018 Srinivas Venkatesham Chimmani ...

Applicant V/s.

The State of Maharashtra ...

Respondent ----- Ms.Prabha Badadare for Applicant.

Mr.R.M. Pethe, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 3rd April 2019.

P.C. :

1] By an order dated 20th December 2018 the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. The learned counsel for the applicant, on instructions, submitted that the applicant has complied with the said condition and had attended the Investigating Officer on stipulated dates. 2] As noted in the Order dated 20th December 2018, a bare perusal of the first information report creates doubt in the mind of the 1/2

osk 7-aba-2637-2018.odt Court about the alleged incident as contemplated under Section 376 of the Indian Penal Code and handing over of the money to the applicant by the informant in the said incident. It prima-facie appears that there is something more behind the veil than what has been stated in the first information report.

3] In view of the above, the applicant is entitled to be protected by pre-arrest bail.

Interim relief, granted by order dated 20th 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