Nitin Bibishan Parekar And ORS v. The State Of Maharashtra

1 28.867.18 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 867 OF 2018

1. Nitin Bibishan Parekar

2. Vijay Dhondiba Parekar .....Applicants

3. Chandu @ Chandrakant Shivyogi Parekar V/s.

The State of Maharashtra .....Respondent Mr. Aniket Nikam advocate for the applicants Mr. A. A. Palkar APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 17, 2019.

P.C.

Heard the learned counsel for the applicants and the learned APP.

The learned counsel for the applicants submits that application of applicant no. 2 Vijay Parekar is not pressed. Applicant nos. 1 & 3 are seeking pre­arrest bail in Crime no.

2 28.867.18 aba.doc 174/2018 registered at Karmala Police Station, Dist. Solapur for offence punishable under sections 307, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code.

There is counter F.I.R. arising out of the same crime resulting in registration of Crime no. 173 of 2018 registered with Karmala Police Station, Dist. Solapur.

Perused investigation papers. The victim has suffered simple injuries and the allegation against applicants are that of use of stick and stone. In my opinion, custodial interrogation of applicants is not warranted in the facts and circumstances of the case. Apart from above, there are no criminal antecedents. Hence, following order:

O R D E R

(I) Application of applicant no. 2 Vijay Parekar is disposed of as not pressed.

(II) In the event of arrest of applicant nos. 1 and 3 in Crime no. 174/2018 registered at Karmala Police Station, Dist. Solapur, they be released on bail on furnishing P.R. bond in the sum of Rs. 25,000/­ each

3 28.867.18 aba.doc with one or two sureties in the like amount.

(III) Applicants shall co­operate with the investigating agency.

(IV) Applicants shall not influence the witnesses or tamper with evidence.

Application stands disposed of.

[NITIN W. SAMBRE, J.]