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Bombay High CourtAPPLN/1861/2015disposed off

Yashaji Hemraj Chavan v. The State Of Maharashtra And ANR

2015-04-23Hon'Ble Shri Justice V.M. Deshpande3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1861 OF 2015 [Yashaji Hemraj Chavan Vs The State of Maharashtra & anr.] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri D.B.Shinde, advocate h/f Shri M.R.Bhokarikar, advocate for applicant Smt. V.A.Shinde, A.P.P. for respondents/State .....

CORAM : V.M.DESHPANDE, J.

rd April, 2015 DATED : 23 PER COURT :- 1] By the present application, the applicant is seeking anticipatory bail, since he is apprehending his arrest in connection with Crime No. 38 of 2015, registered at Jalgaon City police station, for the offences punishable under Sections 353, 506, 504 of the Indian Penal Code. 2] I have heard Shri M.R.Bhokarikar, learned counsel for applicant and Smt. V.A.Shinde, learned Additional Public Prosecutor for the respondent/State.

3] The first information report is lodged by police constable Prasad Joshi, who alleges that on 9.3.2015 when other police personnel were present in the police station, the persons belonging to Hindu and Muslim communities came and both the groups were intending to lodge complaint against each other. Initially, the police inspector was taking

the complaint of Azaruddin Gayasuddin. That time, according to the first informant the persons from Hindu community were asked to go outside the police station. That time, the present applicant came there and accosted the first informant as to why the complaint of Azaruddin is taken first. That time, the other police personnel were trying to pacify the present applicant by saying that after taking the complaint of Azaruddin, the complaint of the present applicant will be taken. Thereupon, the present applicant all of a sudden caught hold the color of the first informant and used abusive language. It is also alleged that, that time he also gave threats to other police personnel in the police station itself. 4] Looking to the nature of the accusations made in the first information report, the custodial presence of the present applicant is not at all necessary. In that view of the matter, the application is required to be allowed. Hence I pass following order.

O R D E R

(i) Application is allowed.

(ii) The applicant-Yashaji Hemraj Chavan be released on anticipatory bail, in connection with Crime No. 38 of 2015, registered at Jalgaon City police station, for the offences punishable under Sections 353, 506, 504 of the Indian Penal Code, on he executing P.R.bond in the sum of Rs.Ten Thousand with one solvent surety in the like amount. (iii) The applicant shall attend police station Jalgaon City police station once a week, preferably on Sunday in between 8.00 a.m. to 11.00 a.m.

(iv) Application is disposed of.

(V.M.DESHPANDE, J.) dbm/crap1861.15