Balaji @ Amar Namdev Shinde And ORS v. The State Of Maharashtra

27-aba-1019-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1019 OF 2023 WITH INTERIM APPLICATION NO.1570 OF 2023 Balaji @ Amar Namdev Shinde and Others ...Applicants vs.

The State of Maharashtra

...Respondent

Mr. Mithilesh Mishra i/b. Mr.Yuvraj Patil, for the Applicants Mrs. Ashwini Takalkar, APP, for the Respondent/State. Mr. Ajit Alange, for the Intervener.

CORAM :

N. J. JAMADAR, J.

DATE :

SEPTEMBER 26, 2023 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

This application is preferred seeking pre-arrest bail in connection with C.R. No. 105 of 2023 registered at Tembhurni police station for the offences punishable under sections 143, 147, 149, 327, 323, 504 and 506 of Indian penal Code, 1860. 3.

By an order dated 10th April, 2023 this Court was persuaded to grant interim bail.

4.

The learned counsel for the applicants submits that the applicants have cooperated with the investigation and appeared before the investigating officer.

5.

I have perused the allegations in the first information report. Vishal Parekar ...1

27-aba-1019-2023.doc Prima face, the allegations are not such that the custodial interrogation of the applicant is warranted. It was alleged that the applicants were forcibly establishing possession over the immovable property and removing the boundary marks and board of the first informant.

6.

I am, therefore, persuaded to make the order of interim bail absolute.

7.

The order dated 10th April, 2023 is made absolute on the terms and conditions incorporated therein.

8.

The applicant shall regularly attend the proceeding before the jurisdictional Court.

9.

Application disposed.

10.

In view of disposal of the application, interim application also sands disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2