Pravin Chandu Rathod v. The State Of Maharashtra

918aba1026-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO.1026 OF 2022 PRAVIN CHANDU RATHOD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Kedar Ganesh L APP for Respondent State: Mr. S. B. Narwade

CORAM

:S. G. MEHARE, J.

DATE : 8th SEPTEMBER, 2022 ORDER:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

The facts of the case have been discussed in detail in the order dated 4th August, 2022. Considering the material before the Court, the interim protection was granted to the applicant. 3.

The learned APP has strongly opposed the application contending that there are antecedents to the discredit of the applicant. There is allegation that the applicant has snatched the golden chain from the person of the complainant who is a Doctor. Therefore, the applicant is not entitled to the anticipatory bail. 4.

So far as the dispute as regards non attendance of the police station, notice to attend the police station, as alleged by the learned counsel for the applicant, was not served personally on the present

918aba1026-22 applicant and hence, he could not attend the police station on 15th August, 2022 which was the National Holiday. However, the applicant has sworn an affidavit contending that before 14th of August, 2022 and after passing of the interim order, he himself went to the police station but no investigation was done.

5.

Perused the papers placed before the Court. There are consistent statements as regards happening of the incident but none of the witnesses corroborate the allegation of snatching the golden chain from the person of the complainant. Therefore, it raises a serious doubt. 6.

The applicant was making complaints against various public servants and therefore, the possibility of enmity with him cannot be ruled out.

7.

Considering the fact in toto and after going through the documents placed before this Court, the court is of the view that the application deserves to be allowed. Hence, the following order:-

O R D E R

(i) The application is allowed.

(ii) The interim protection granted to the applicant by order dated 4th August, 2022 is confirmed on the same terms and conditions.

(S. G. MEHARE, J. ) JPChavan