Balu Bhanudas @ Sayappa Gaikwad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.585 OF 2020 Balu Bhanudas @ Sayappa Gaikwad ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Mr. Vikas Kolekar for the Applicant.

Ms. A. A. Takalkar, APP for the State.

N.S. Waghwase, Salgar Vasti Police Station, Solapur City. ------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 19, 2023 P.C. :

1.

An order was passed on 13.03.2020 by this Court while granting interim protection to the applicant. The relevant portion of the said order reads thus:

"1.

Apprehending the arrest in connection with Crime No. 19 of 2020 registered at Salgar Vasti Police Station, Solapur for the offences punishable under Sections 307, 323, 324, 143, 147, 148, 149, 294, 504, 506 of Indian Penal Code and under Section 4/25 of Arms Act and under Section 135 of the Bombay Police Act, applicant seeks pre-arrest bail. 2.

I have perused the statement of Viki Raju Chavan. He had not attributed role to the applicant in commissions of alleged crime and Medical certificate of Ravi Rathod (injured) shows two simple injuries. As well, Viki Chavan sustained injuries to his finger and on leg. Medical certificate shows Ravi and Sakubai were discharged on the same day.

3.

The learned APP on instructions from the investigating officer who is present in the Court, 1/3

submits, that though Viki Chavan has got himself discharged against the medical advice (DAMA), he did not take any further treatment. In view of the material on the record and the role attributed to the applicant and additionally there are no criminal antecedents against him,"

2.

Learned APP submits that the applicant cooperated with the investigation.

3.

The investigation is complete and the charge-sheet has been filed. In this view of the matter, considering the nature of the accusations and the role of the applicant, interim protection granted can be confirmed. The custodial interrogation of the applicant is not necessary.

ORDER

(a) In the event of arrest of the applicant in Crime No. 19 of 2020 registered with Salagar Vasti Police Station, he shall be released on executing PR bond in the sum of Rs. 20,000/- with one or more sureties in the like amount; (b) He shall give permanent residential address and mobile contact number to the Investigating Officer as and when called and co-operate in investigation;

(c) The applicant shall not tamper with the evidence or attempt to influence or contact the 2/3

complainant, witnesses or any person concerned with the case.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3