Pramod Subhash Waghmode v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1713 OF 2018 Pramod Subhash Waghmode ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Ritesh Thobde for the Applicant.

Mr. S.S.Pednekar, APP for the Respondent/State. Mr. S.D. Deshmane, Police Constable, Karmala Police Station, Solapur Rural present.

CORAM : ANUJA PRABHUDESSAI,J.

DATED : August 30, 2018.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid applicant apprehending his arrest in C.R.No.576 of 2018 for the offences under Section 353, 427, 504, 141, 143, 147, 149 of IPC.

2.

Heard Mr. Thobde, the learned Counsel for the applicant and Shri Pednekar, the learned APP for the State. Perused the records.

3.

The aforesaid crime was registered pursuant to the FIR lodged by Police Constable Amol Kavale. The FIR prima facie indicates that on 14th July, 2018 at about 10 p.m. one Suman Dhotre and others had gone to the Kem Out post to lodge a complaint against the applicant and others. It is alleged that the applicant and others went to the outpost, intimidated the complainant and also pelted stones at the complainant and other ladies who had visited the police station. It is also alleged that the applicant and other had pelted stones at the Out post and had damaged the Out post and tubelights of the Outpost. They had also abused the first informant. 4.

Considering the nature of the allegations and the nature of the material against the applicant, in my considered view, this is not a case which warrants custodial interference. Furthermore, the applicant is from the same locality. Hence, there are no chances of his absconding.

5.

The learned APP submits that there is possibility of the applicant threatening the witnesses and/or interfering with the

investigation. The learned Counsel for the applicant submits that the applicant is employed as a Rector in Bhagyashreetai Patil Youth Hostel, at Wadshivane, Kem, Karmala, Solapur, and makes a statement that the applicant will not interfere with the first informant or any of the persons named in the FIR or any other witnesses. Statement accepted.

6.

In the light of above, the application is granted on following terms and conditions:­ (i) In the event of arrest of the applicant in Crime No.576 of 2018 of Karmala Police Station, the applicant be released on bail on furnishing bail bond of Rs.25,000/­ (Rupees Twentyfive Thousand Only) with one or two solvent sureties in the like amount, to the satisfaction of the Investigation Officer.

(ii) The applicant shall report to the Investigating Officer for four days from Monday 3rd September, 2018, and as and when required by the Investigating Officer for the purpose of investigation and interrogation.

(iii) The applicant shall not interfere with the complainant and the

other witnesses in any manner.

(iv) The applicant shall provide his permanent and temporary address, if any, and contact details to the Investigating Officer. (v) The applicant shall not change his residential address without prior intimidation to the Investigation Officer. .

Application is allowed in above terms.

(ANUJA PRABHUDESSAI, J.) by Prasanna Pradeep Salgaonkar Date:

2018.09.01 10:49:17 +0530 Prasanna Pradeep Salgaonkar