Yogesh S/O Sahebrao Shelke v. The State Of Maharashtra

G.A.Ghule [P.A.] 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No. 1444 Of 2015.

YOGESH S/O SAHEBRAO SHELKE.

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Chandrakant Thorat, Advocate for the Applicant. Mr. A.S. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

30th March, 2015.

Per Court :- Present Criminal Application is filed by the applicant for grant of anticipatory bail, since he is apprehending his arrest in connection with CR No. I 25/15 registered with Police Station, Gangapur, District - Aurangabad for the offences punishable under Section.s. 420, 323, 506 read with 34 of the Indian Penal Code, 1860. [2] This court on 19th March, 2015 granted interim protection to the present applicant and the learned Additional Public Prosecutor was directed to produce the investigation papers. In pursuant to the directions given by this Court, Mr. A.S. Shinde, learned Additional Public Prosecutor is armed with the necessary instructions from the Investigating Officer as well as he is having all investigation papers.

2/3 [3] Worth to note that, in the First Information Report, nature of allegations against the present applicant is that on 07/12/2014, he has extended the threat to the First Informant Madhavrao and his friend Vitthal Waghmare. From the entire F.I.R. these are the only allegations against the present applicant. The allegations of demanding money to provide employment in the Rayat Education Society is against one Bhausaheb Jayram Devare and due to his promise, the First Informant and his friend Vitthal Waghmare have deposited various amount in the bank accounts, as directed by Bhausaheb Devare.

[4] Mr. Thorat, learned counsel for the applicant has submitted that, main accused is already arrested by the Police and he is released on regular bail. The Statement made by Mr. Thorat, learned counsel for the applicant is not controverted by the learned Additional Public Prosecutor.

[5] In view of the fact that main accused is already released on regular bail and looking to the fact that nature of allegations against the present applicant is only in respect of extending threat on 7/12/2014 and the First Information Report is dated 30/01/2015, the applicant can be protected by anticipatory bail. Hence, I pass the following order :-

ORDER

(i) In the event of arrest, applicant - YOGESH S/O SAHEBRAO SHELKE shall be released on anticipatory bail on he executing P.R.Bond of Rs.5,000/- (Rs. Five

3/3 Thousand.] with one solvent surety in the like amount, in connection with CR No. I 25/15 registered with Police Station, Gangapur, District - Aurangabad for the offences punishable under Section.s. 420, 323, 506 read with 34 of the Indian Penal Code, 1860.

(ii) The applicant shall attend Police Station, Gangapur, District - Aurangabad once in a fortnight preferably on Sunday between 11.00 a.m. to 11.00 a.m., till the Charge Sheet is filed.

(iii) With these observations, Criminal Application is disposed of.

(V.M. DESHPANDE, J.)