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Bombay High CourtAPEAL/810/2021disposed off

Ganesh Malhari Ghule And ANR. v. The State Of Maharashtra And ANR.

2021-10-14Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2021.10.14 14:50:16 +0530 SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.810 OF 2021 Ganesh M. Ghule and Anr.

... Appellants Vs The State of Maharashtra ... Respondents ...

Mr. Prabhakar M. Jadhav for the Appellants.

Mr. Y.M.Nakhawa APP for the Respondent-State. PSI Dr. Basavraj Shivpuje, SDPO, Akluj Division, Solapur present.

CORAM : SANDEEP K. SHINDE J.

DATE : OCTOBER 14, 2021.

P.C. :

In this appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Act of 1989" for short), appellants are seeking their enlargement on bail in connection with the Crime No.307 of 2021 registered with Natepute Police Station for the offences punishable under Sections 354A, 354B, 341, 323, 504, 506 of the Indian Penal Code, 1860 and 3(1)(r), 3(1)(s), Shivgan 1/3

3(1)(w) and 3(2)(va) of the Act of 1989 on complaint of one Sarita Hegade. Although the notice was served on the complainant, she was not present either on 4th October or today.

The appellants were arrested on 8th September, 2021. Investigating Officer is present. I have perused the investigation record.

The learned Prosecutor on instructions submits that the investigation is over and the charge-sheet will be filed within two weeks from today.

In consideration of the fact that since investigation is over, in my view, it is not necessary to continue the custody of the appellants.

Appeal is allowed and the appellants are directed to be released on bail on executing PR Bond in the sum of Shivgan 2/3

Rs.15,000/- each with one or more sureties in like sum. Appellants shall report to the Investigating Officer once in a month, i.e., 2nd Monday of each month between 11 a.m. to 1 noon commencing from November, 2021 for six months and thereafter as and when called by the Investigating Officer.

The appellants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case (SANDEEP K. SHINDE, J.) Shivgan 3/3