Allowed

Onkar S/O Shivaji Giri v. the State of Maharashtra

Bombay HC20 Dec 2013APPLN/5874/2013

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed a criminal application for anticipatory bail filed by Onkar Giri, a Gram Sevak, alleging false charges of theft against him. The court granted conditional bail with restrictions on tampering with witnesses and attending court.

What did the court decide?

Application allowed; conditional bail granted if arrested; reporting to police station on Sundays and cooperation with investigation.

Onkar S/O Shivaji Giri Vs the State of Maharashtra — Bombay HC (2013) — LawSathi Research

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905 appln.5874.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION

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CRIMINAL APPLICATION NO. 5874 OF 2013

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ONKAR S/O SHIVAJI GIRI

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VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Palodkar Devdatt P. APP for Respondent / State : Mr.V.A.Shinde.

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CORAM : T.V. NALAWADE, J. DATE : 20th December, 2013.

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P.C.:

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. This application is filed for the relief of anticipatory bail.

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2 The learned counsel for the Applicant has produced affidavits of the Complainant and the Applicant. The Applicant is present in-person in the Court hall. He is identified by one learned counsel Mr.S.S.Kadam, from Osmanabad. The Advocate on record Mr.P.D.Palodkar, knows the learned counsel from Osmanabad and he made such statement. In the complaint it is mentioned that the Complainant – Shinde had made allegation that the present Applicant had taken away gold chain and locket worth Rs.30,000/and that he had committed the offence. In the affidavit, he has made a statement that he got the gold chain in the premises of the village Panchayat office itself and it was not stolen. Similar contention is made by the present Applicant, who is a Gram Sevak that he has allegations that an amount of

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905 appln.5874.13

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Rs.200/- was taken away by Shinde, was not correct and the amount was then traced in the office.

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3 The aforesaid affidavit came to be filed to enable the present Applicant, Gram Sevak, to get the relief.

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4 This Court has come across such incidents in which both the sides make exaggerations. Such tendency is increasing and both the sides are suffering due to such tendency. In most of the cases such allegations are not correct and they are false.

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5 In view of the aforesaid circumstances and as the Applicant is a Public Servant, this Court holds that relief needs to be granted to the Applicant.

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6 In the result, the application is allowed. In case of arrest of the Applicant, in Crime No.60 of 2013, registered with Bembli Police Station, Osmanabad for the offence punishable under Sections 394 and 34 of the Indian Penal Code, he is to be released on bail on his furnishing P.R. and S.B. of Rs.15,000/- He is not to tamper with prosecution witnesses. He is not to commit similar offence. He is to attend the concerned Police Station on every Sunday between 09:00 am and 12:00 noon for a period of one month. He is to cooperate with the Police during investigation.

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7 The parties are at liberty to approach the Police and give statements.

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ndm

Onkar S/O Shivaji Giri v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Onkar S/O Shivaji Giri v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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