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Bombay High CourtABA/1650/2022allowed

Aakrur Dada Jadhavar v. State Of Maharashtra

2023-01-20Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1650 OF 2022 Aakrur Dada Jadhavar ..Applicant VS.

The State of Maharashtra ..Respondent Digitally signed by URMILA PRAMOD INGALE Date:

2023.01.20 18:57:21 +0530 URMILA PRAMOD INGALE ------------ Mr. Jay Patil, for the Applicant.

Ms. P. N. Dabholkar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 20, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for pre-arrest bail. The applicant is apprehending arrest in connection with C.R.No.0129 of 2022 dated 28/04/2022 registered with Barshi Taluka Police Station for offence punishable under sections 436, 427, 34 of the Indian Penal Code, 1860.

3.

The applicant is 72 years of age. The applicant and his son are alleged to have set fire to shack of the complainant. The complainant and accused are closely 1/3

related. There are disputes between the parties for partition of the property. It is alleged that the present applicant along with his son was seen running away from the shack which caught fire. The applicant's son was arrested and what was recovered from him was a matchbox after 10 days after the incident. In my opinion, the custodial interrogation of the applicant is not required in the present case, as the son of the accused has already been arrested. There are no criminal antecedents reported against the applicant. Hence, the following order.

O R D E R

(a) In the event of arrest of the applicant in connection with C.R.No.0129 of 2022 dated 28/04/2022 registered with Barshi Taluka Police Station, the applicant-Aakrur Dada Jadhavar be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount;

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts 2/3

of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;

(c) The applicant shall attend the investigating officer on 23rd and 24th January 2023 between 11.00 a.m. and 1.00 p.m.

and thereafter as and when called for and co-operate with the investigation.

4. The anticipatory bail application is disposed of. (M. S. KARNIK, J.) 3/3