Girmalayya Mahaling Swami And ORS v. The State Of Maharashtra

1/2 Yadav 8.aba.307.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 307 OF 2019 Girmalayya Mahaling Swami & Ors.

...

Applicants

Versus

The State of Maharashtra ...

Respondent Mr. Vikrant V. Phatate for Applicants.

Ms. S. S. Kaushik, APP for Respondent - State. CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 20, 2019.

P.C. :

.

In Crime No. 254 of 2018 for an offence punishable under Section 379 read with Section 34 of the Indian Penal Code and Sections 9 & 15 of the Environment Protection Act, 1986 all the Applicants are seeking pre­arrest bail.

2.

Apart from the fact that there are criminal antecedents against the Applicant No.1 - Girmalayya Swami and Applicant No.3 - Nilkanth Kantappa Kumbhar, there is sufficient material on record to infer prima facie involvement in the crime in question which warrants their

2/2 Yadav 8.aba.307.19 custodial interrogation. As such, the request for grant of pre­arrest bail made by the Applicant No.1 - Girmalayya Swami and Applicant No.3 - Nilkanth Kantappa Kumbhar is rejected.

3.

So far as the Applicant No.2 - Prakash Gurunna Bammange is concerned, since he is informed to have been already arrested, the prayer made by the Applicant No.2 for grant of pre­arrest bail has rendered infructuous. Hence, the same is disposed of, as infructuous. 4.

As such, Anticipatory Bail Application stands disposed of in above terms.

(NITIN W. SAMBRE, J.)