Maruti Prabhuji Jirange v. State Of Maharashtra

1/2 29.ABA.2517.2022 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2517 OF 2022 Maruti Prabhuji Jirange ..Applicant

Versus

The State of Maharashtra ..Respondent Ms Vilasini Balasubramainan i/b. Mr. Jaydeep D. Mane for the Applicant.

Ms. Geeta P. Mulekar, APP for the Respondent-State. Mr. Maharudra Parjane, API, Vairag Police Station, Solapur - present Mr. Shirish Gatade, Assistant Commissioner of Fisheries present. CORAM : NITIN W. SAMBRE, J.

DATED :

29th September, 2022 P.C.:

1.

The Assistant Commissioner, Fisheries representing the interest of the Commissioner, Fisheries assures that the corrective measures in the matter of allocating of fishing rights in the lake in question which are given rise to alleged offence are already initiated.

2.

The aforesaid approach on the part of Commissioner, fisheries is appreciated.

3.

Having perused the FIR the role which is attributed to the applicant is that of caught holding the complainant, thereby facilitating assault.

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2/2 29.ABA.2517.2022 .doc 4.

Since the applicant has not played the active role in the matter of assaulting complainant, the case for custodial interrogation of the applicant cannot be made out. 5.

Apart from above, there are cross FIR in the matter. That being so, case for grant of ad-interim protection is made out. 6.

In the event of arrest of applicant in crime no. 318 of 2022 registered with Vairag police station for the offence punishable under sections 307, 326, 327, 143, 147, 148, 149 of IPC and section 135 of Maharashtra Police Act, applicant be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

7.

The applicant shall attend the Investigating Officer from 10/10/2022 to 17/10/2022 between 10.00 a.m. to 12.00 noon and thereafter as and when directed.

8.

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

9.

The application stands disposed of.

by ANANT KRISHNA NAIK Date:

2022.09.30 17:07:04 +0530 ANANT KRISHNA NAIK (NITIN W. SAMBRE, J.) akn 2/2