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Bombay High CourtABA/776/2018others disposed off

Yuvraj Madhavrao Patil And ANR v. The State Of Maharashtra

2018-11-29Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 5-aba776.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 776 OF 2018 Yuvraj Madhavrao Patil & Anr.

....Applicants.

Vs.

The State of Maharashtra ....Respondent.

Mr. D.D. Rananaware for the Applicants.

Ms. J.S. Lohokare APP, for the Respondent­State. CORAM : A. S. GADKARI, J.

DATE : 29th NOVEMBER, 2018.

P.C.:­ By an Order dated 18th April, 2018, the Applicants were granted interim relief.

Heard the learned counsel appearing for the Applicants and the learned APP. Perused the record.

The first information report is lodged by Dr. Vivekanand Mane with an allegation that, the principal accused namely Mr. Vishwas Chavhan and one lady office bearer of the Consumer Protection Cell, Shivsena, District Satara threatened him that, if the informant does not pay Rs.1,50,000/­, they will defame him in the said District on the ground that, the informant has performed 1/2

ssm 2 5-aba776.18.doc imperfect surgery on the knee of Smt. Ranjana Patil (Deshmukh) of village Kuroli, Taluka Khatav, District Satara. The names of the Applicants are not mentioned in the first information report and it is only stated that the afore­stated two persons namely Mr Vishwas Chavhan and the said lady office bearer came to his hospital along with 7 to 8 persons. The first informant has lodged complaint against the said two persons only.

It appears that, the names of the Applicants have been mentioned in supplementary statements by the witnesses. The record indicates that, no overt act is attributed to the Applicants and they were simply accompanied the said Mr. Vishwas Chavhan to the hospital of first informant.

In view thereof, interim relief granted by an Order dated 18th April, 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is hereby waived. Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2