Raheman Babu Muchale v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2234 OF 2023 Rehman Babu Muchale Applicant versus The State of Maharashtra Respondent Ms.B.Vilasini i/by Mr.Jaideep D. Mane, Advocate for Applicant. Mr.Shriram S. Chaudhari, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

11th June 2024 PC :

1.

Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.579 of 2021, registered with Jodbhavipe Police Station, Solapur City, for the offences punishable under Sections 328, 188, 272, 273 of the Indian Penal Code.

Digitally signed by MANISH SURESHRAO THATTE Date:

2024.06.12 11:04:40 +0530 MANISH SURESHRAO THATTE 3.

Similar matters are pending before Hon'ble Supreme Court of India and in some of the matters the issue involved is whether Section 328 of IPC would apply to these matters. Before the Hon'ble Supreme Court of India in all the matters the accused were granted interim bail.

4.

Be that as it may, in the present case this Court granted adinterim bail to the Applicant on 11th August 2023 and since then the Applicant is on bail and there is no complaint about misuse of liberty by the complainant. Moreover, there are no antecedents of similar

2 of 2 10.ABA.2234.2023.doc nature. Further more, during pendency of this application after completing investigation the charge sheet has been filed. In the circumstances, though learned APP is strongly opposing the application, I am of the opinion that application needs to be allowed. 5.

Accordingly, Anticipatory Bail Application is allowed. The order dated 11th August 2023 is hereby confirmed. (ANIL S.KILOR, J.) MST