Allowed

Shashikant Krishna Joshi and Ors. v. the State of Maharashtra

Bombay HC16 Jul 2014ABA/531/2014

Case brief

AI extract

What is this about?

In an anticipatory bail application, the Single Judge granted pre-arrest bail to applicants charged with offences of affray, unlawful assembly, and mischief. The court imposed conditions regarding police reporting, cooperation with investigation, and prohibition from tampering with evidence or committing further offences.

What did the court decide?

Pre-arrest bail granted subject to conditions of furnishing police bond, weekly police reporting, cooperation with investigation, and no tampering with evidence or further offending.

Shashikant Krishna Joshi and Ors. Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2014)

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Sherla V.

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aba.531.2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.531 OF 2014

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Shashikant Krishna Joshi & Ors.

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... Applicants

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Vs.

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The State of Maharashtra ... Respondent

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Mr.hrishikesh Mundargi for the Applicants Ms.Alpa Javeri, APP, for Respondent – State Mr.M.K. Kocharekar for Intervener in APPP/357/2014

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CORAM: MRS.MRIDULA BHATKAR, J.

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DATE: JULY 16, 2014

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P.C.:

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This is an application for anticipatory bail under section 438 of the Criminal Procedure Code as the applicants are prosecuted under sections 324, 143, 147, 148, 149, 452, 504 and 427 of the Indian Penal Code. The crime is registered at C.R. No.I-78 of 2014 with the Shantinagar police station, Thane. It is the case of the complainant that he was employed in one Sai Balaji Developes, who are developing the site near Temghar Pada Police Line, Bhiwandi. A portion of the said land belonged to one Joshi family and all the applicants/accused are the members of the said family. A dispute between Sai Balaji Developers and Joshi family in respect of the said land is going on. They are also prosecuting in the civil Courts. On 10.3.2014, at around 12 noon, the applicants/accused alongwith other 25

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aba.531.2014.doc

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to 30 unknown persons including females armed with bamboo sticks and iron rods arrived on the spot. They damaged the motor cycles, the office and abused the first informant. One unknown person assaulted him with iron rod on his knees. However, he could escape and went to the hospital and then lodged the complaint.

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The learned Counsel for the applicants has submitted that the applicants/accused are innocent and they have been falsely implicated. They are attending the police station every Friday and they are ready to cooperate with the police if at all they are granted pre-arrest bail.

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Learned prosecutor has opposed the application and she has submitted the statements of the witnesses and also produced photographs showing that the office at the site of Sai Balaji Developers was damaged. The complainant was injured. It was further submitted that the applicants/accused have also produced weapons i.e., iron rods and bamboos before the police. However, they are not disclosing the names of other unknown 25 to 30 persons who arrived there and therefore, their custody is required.

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On perusal of the complaint as also the statements of the witnesses and the photographs, prima facie, the incident of damaging the property

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aba.531.2014.doc

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had taken place as per the FIR. The applicants/accused are on interim bail and have been attending the police station and have also produced weapons which were used at the time of the offences. Disclosure of other 25 to 30 unknown person cannot be a ground to put them in custody.

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In view of the nature of the offence, I am inclined to grant pre-arrest bail to the applicants/accused on the following terms:

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i) In the event of arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each, with one or two sureties in the like amount;

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ii) The applicants shall cooperate with the investigating officer and shall continue to report to the concerned police station on every Friday between 6pm to 7pm, till the filing of chargesheet;

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iii) The applicants shall not tamper with the evidence and shall not pressurise any witness;

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iii) The applicants shall not indulge into any kind of offence or any activity as alleged in the FIR against the complainant and the other group.

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Anticipatory Bail Application is disposed of accordingly.

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(MRS.MRIDULA BHATKAR, J.)

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Shashikant Krishna Joshi and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shashikant Krishna Joshi and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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