Ravi S/O Nandkishor Borele v. The State Of Maharashtra
1 Cr. Appln. 3375-2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3375 OF 2015 Ravi S/o Nandkishor Borele Age : 28 years, Occu.: Business, R/o : Pandharkawada, Tq. Kelapur, Dist. Yavatmal .. Applicant Vs.
The State of Maharashtra .. Respondents ---- Mr. Vijay Sharma, Advocate for applicant Mr. S.R. Palnitkar, A.P.P. for respondent-State ---- CORAM : M.T. JOSHI, J.
DATE : 10/07/2015 ORAL ORDER :
Heard both sides.
2.
The present applicant, who is apprehending arrest at the hands of Hingoli City Police Station, Dist. Hingoli in crime no.125 of 2015 for the offences punishable under section 384, 323, 504, 506 r/w. 34 of the Indian Penal Code, is praying for his release on bail, in the event of his arrest.
3.
The complaint would show that the complainant had earlier engaged in the betting over the I.P.L. (Indian Premier League) games. In the situation, one
2 Cr. Appln. 3375-2015 Rauf had threatened him to pay Rs.5,00,000/- assuming that the complainant has substantial amount. Two unknown persons with said Rauf told the complainant that they were henchmen of the present applicant - Ravi Borele. In the situation, said Rauf had beaten the complainant with fists and kicks. Therefore, the offence came to be registered.
4.
Mr. Sharma points towards the true copy of the application-cum-affidavit filed by the complainant in the Court of Judicial Magistrate First Class, Hingoli dated 13/6/2015 i.e. immediately on the next day of the incident. In the said application, he has communicated the concerned Judicial Magistrate First Class that he has mentioned the name of Rauf Khan in the F.I.R. out of inadvertence.
5.
The complaint was filed on 12/6/2015. Learned A.P.P. submits that there are statements of the coaccused, who have named the present applicant. 6.
Considering all the facts on record, as detailed supra, and finding that the offence under section 384 of the Indian Penal Code is punishable for a
3 Cr. Appln. 3375-2015 period of three years, in the light of above facts, the present applicant deserves to be released on anticipatory bail.
7.
Upon enquiry, Mr. Sharma has submitted the mobile number of the applicant - Ravi who is resident of Pandharkawada, Tq. Kelapur, Dist. Yavatmal, as under:- - 9 4 2 2 5 6 0 1 6 5 This mobile number is obtained in order to facilitate the enquiry, if any, of the call details record of the applicant with two unknown co-accused alongwith Rauf Khan to whom clean-chit is already given by the complainant.
8.
In the circumstances, the following order:- I) The application is allowed.
II) In the event of the arrest of the applicant in crime no. 125 of 2015 registered at Hingoli City Police Station, Dist. Hingoli for the offences punishable under section 384, 323, 504, 506 r/w. 34 of the Indian Penal Code, he be released on bail, upon his executing P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) and
4 Cr. Appln. 3375-2015 also upon furnishing surety in the like amount. III) The applicant shall attend the concerned Police station and more particularly, the Investigating Officer in the case on every 2nd and 4th Tuesday between 09.00 am. and 10.00 am. for a period of three (3) months. 9.
Application stands disposed of accordingly.
10.
Authenticated copy of this order be supplied to the learned counsel for the parties, on their request. [M.T. JOSHI] JUDGE arp/