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Bombay High CourtABA/8/2019others disposed off

Ramakant Akaram Raut And ANR v. The State Of Maharashtra

2019-01-04Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 Yadav 906.aba.8.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 8 OF 2019 Shri Ramakant Akaram Raut & Anr.

...

Applicants

Versus

The State of Maharashtra ...

Respondent Mr. Rajiv Patil, Senior Advocate a/w Milind Sawant, Jagdish Sawant I/by P. G. Parkar for Applicants.

Mr. S. S. Hulke, APP for Respondent - State.

CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 4, 2019.

P.C. :

.

Heard learned Counsel for the Applicants.

2.

The Applicants are seeking pre­arrest bail in Crime No. 369 of 2018 punishable under Sections 353, 332, 341, 143, 147, 149, 504, 506 of Indian Penal Code.

3.

So far as the case of Applicant No.1 is concerned, he claims to be a Sarpanch of the village and perusal of First Information Report and the order of the court below does not speak of any direct involvement of the Applicant No.1 in the crime in question, but for his physical presence.

2/2 Yadav 906.aba.8.2019 4.

Apart from above, the Applicant No.1 is very much available in the investigation. That being so, in my opinion, the present Application at the behest of Applicant No.1 is allowed. Hence, the following order.

ORDER

(A) In the event of arrest in Crime No. 369 of 2018 punishable under Sections 353, 332, 341, 143, 147, 149, 504, 506 of the Indian Penal Code, the Applicant No.1 be released on executing PR Bond of Rs. 25,000/­ with two sureties in the like amount. (B) The Applicant No.1 shall attend the Investigating Officer on every Monday between 10.00 a.m. to 12.00 noon till filing of chargesheet. (C) The Applicant No.1 shall not tamper the evidence of prosecution nor influence the prosecution witnesses.

5.

So far as the claim of Applicant No.2 is concerned, there is direct evidence to connect him in the crime in question. The Applicant No. 2 has participated in the crime of assault on a public servant. 6.

That being so, prayer for grant of pre­arrest bail to the Applicant No.2 stands rejected.

(NITIN W. SAMBRE, J.)