Vinayak Ashok Gaikwad v. The State Of Maharashtra

Sajakali Jamadar 926-aba-2747-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2747 OF 2019 Vinayak Ashok Gaikwad ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Shriram S. Chaudhari, Advocate for the Applicant. Mr. H. J. Dedhia, APP for the State-Respondent. Mr. Sanjay B. Rathod, PSI, Sadar Bazar Police Station, Solapur City, Present.

.....

CORAM :

PRAKASH D. NAIK, J.

DATE : 19th December, 2019 PC :

1.

The applicant is apprehending arrest in C.R. No. 413 of 2018 registered with Sadar Bazar Police Station, Solapur City, for offences punishable under Sections 353, 332, r/w Section 34 of IPC. 2.

The FIR was lodged on 20th June, 2018. The case of the prosecution/complainant is that the applicant had visited the office of the complainant and he verbally abused the complainant and others present in the office, he also threatened them. He tried to throw the chair on witnesses. The contention of the applicant is that the present FIR is counter blast to the complaint lodged by the applicant, which is first in point of time.

3.

Learned APP on instructions submitted that the charge-sheet is filed against the applicant. On completing investigation notice was

Sajakali Jamadar 926-aba-2747-19.doc issued to applicant to appear before the Court for the purpose of filing charge-sheet. However, the applicant is apprehending arrest and hence preferred an application for anticipatory bail. While filing charge-sheet Sections 351, 504 & 506 were added to the earlier offences.

4.

Learned APP tendered report submitted by the police which is taken on record. Thus, charge-sheet is filed against the applicant, which indicates that the investigation was completed. Hence, custodial interrogating is not necessary. In these circumstances the application can be allowed.

5.

Hence, I pass the following order :

O R D E R

i) Anticipatory Bail Application No.2747 of 2019 is allowed;

ii) In the event of arrest of applicant in C.R. No. 413 of 2018 registered with Sadar Bazar Police Station, Solapur City, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25000/-, with one or more sureties in the like amount;

iii) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)