Suraj Devisingh Shandilya v. State Of Maharashtra Thr. Police Station Officer Police Station Butibori Nagpur

ABA553-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (ABA) No.553 of 2018 (Suraj Devisingh Shandilya .vs. State of Maharashtra through PSO PS Butibori, Nagpur. ) ------------------------------------------------------------------------------------------------- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. R.S. Kurekar, Advocate, for Applicant.

Mr. M.K. Pathan, APP for Non-applicant/State. Mr. A.S. Mehadia, Advocate/Assist to Prosecution CORAM : NITIN W. SAMBRE, J.

DATED : AUGUST 28, 2018.

Criminal Application (APPP) No. 1306 of 2018 for assist to prosecution is allowed.

Criminal Application (ABA) No. 553 of 2018.

The applicant is seeking pre-arrest bail in Crime No. 278 of 2018 for offences punishable under Sections 341, 392, 504, 506 read with 34 of the Indian Penal Code.

It is the case of the prosecution that the applicant time and again is indulging in similar type of offences and the learned APP has pointed out the number of offences registered against the present applicant in the similar set of facts.

The learned APP submits that the applicant has created law and order problem in the said locality and if he is released on bail, again there is every likelihood of the disturbance of law and order. He further submits that the applicant's custodial interrogation in such a situation is very much required.

ABA553-18.odt Considered the submissions. Having regard to the allegations against the applicant in the FIR, I hardly notice any reason to believe the prosecution story of requirement of custodial interrogation.

In view thereof, the application deserves to be allowed.

(i) In the event of the arrest of the applicant in Crime No.278 of 2018 registered with the non-applicant for offences punishable under Sections 341, 392, 504, 506 read with 34 of the Indian Penal Code, the applicant be released on furnishing personal bond of Rs.15,000/- with one or two solvent sureties in the like amount. (ii) The applicant shall attend the investigating ofÏcer every third day between 10 a.m. and 12 noon till filing of the charge-sheet.

(iii) The applicant shall not tamper with the prosecution evidence nor shall attempt to influence the prosecution witnesses in any manner.

(iv) The applicant shall not indulge in similar type of offence in future, else the prosecution will be at liberty to move for cancellation of the bail.

JUDGE halwai Digitally signed by Rajendra Gajananrao Halwai Date:

2018.08.29 12:00:16 +0530 Rajendra Gajananrao Halwai