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Bombay High CourtAPPLN/6494/2014disposed off

Hemnant Sadanand Surve v. The State Of Maharashtra And Other

2015-01-14Hon'Ble Shri Justice T.V. Nalawade2 pages

Cri. Appln. No. 6494/14

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6494 OF 2014 Hemant s/o. Sadanand Surve ....Applicant.

Versus

The State of Maharashtra & Anr.

....Respondents.

Mr. B.K. Patil h/f. Mr. Hemant Survey, Advocate for applicant. Mrs. M.A. Deshpande, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 14th January, 2015.

ORDER :

1.

The application is filed for relief of anticipatory bail in a case registered for offence punishable under section 354, 506 etc. of I.P.C. Both the sides are heard. This Court has perused the papers of investigation.

2.

It appears that the applicant, who is practicing advocate, was engaged in one departmental inquiry and it appears that to help his client, the applicant snatched the photographs of witnesses with a man. The said lady approached police and gave report. The learned APP submitted that on instructions of the inquiry officer, he deleted the photographs

Cri. Appln. No. 6494/14 and one photograph is deleted in presence of inquiry office. 3.

This Court is avoiding to discuss as to whether the conduct actually falls under section 354 or any part of the amended provision of I.P.C. It is a fact that the applicant advocate, entangled with the interest of his client and it can be inferred that he did some thing for his client. The applicant is present in the Court hall. He submitted that he committed mistake and he will avoid such things in future. He undertakes not to do such thing in future. In view of these circumstances and the nature of allegations, this Court holds that subject to some conditions the relief of anticipatory bail can be granted to the applicant.

4.

So, the application is allowed. Interim relief granted earlier in his favour is confirmed. The applicant is to attend the concerned police station on 25.1.2015 between 9.00 a.m. and 12.00 noon. He is to cooperate the police during investigation. He is to produce the mobile handset, if required, during investigation.

[ T.V. NALAWADE, J. ] ssc/