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Bombay High CourtABA/2127/2022allowed

Appasha Vitthal Pujari v. State Of Maharashtra

2022-09-22Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 17.ABA.2127.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2127 OF 2022 Appasha Vitthal Pujari .. Applicant Vs.

State of Maharashtra .. Respondent Mr. Ritesh M. Thobde for the applicant Ms P. N. Dabholkar, APP for the respondent - State CORAM : NITIN W. SAMBRE, J.

DATED :

22nd September, 2022 P.C.:

1.

Learned APP is handicapped as neither the investigation papers are made available nor the investigating officer is present. 2.

Considering the nature of allegations in FIR there is serious doubt whether the provisions of section 328 of IPC are attracted in the facts of the case.

3.

I am informed that there is only one antecedent of similar nature against the applicant, in which the applicant is already acquitted.

4.

In the event of arrest of applicant in crime no. 346 of 2022 registered with Akkalkot South police station for the offence punishable under section 328 of IPC and under sections 65(e) & 65(f), applicant be released on bail on furnishing P.R. bond in the akn 1/2

2/2 17.ABA.2127.2022.doc sum of Rs.15,000/- with one or more sureties in the like amount. 5.

The applicant shall attend the Investigating Officer from 26/09/2022 to 30/09/2022 between 10.00 a.m. to 12.00 noon and thereafter as and when directed.

6.

The applicant shall neither tamper with evidence nor influence the witnesses in any way.

7.

The application stands disposed of.

by ANANT KRISHNA NAIK Date:

2022.09.23 19:35:57 +0530 ANANT KRISHNA NAIK (NITIN W. SAMBRE, J.) akn 2/2