Allowed

Bharat Bhiwa Jadhvar v. the State of Maharashtra

Bombay HC22 Aug 2014ABA/618/2014

Case brief

AI extract

What is this about?

The High Court granted pre-arrest anticipatory bail to the applicant accused facing charges of rape and related offences. The court imposed strict conditions, including regular attendance at police station and prohibitions against tampering with witnesses or leaving India, allowing the release on bail upon arrest with sureties.

What did the court decide?

The application for anticipatory bail was allowed. The applicantshall be released on bail upon arrest on furnishing bonds of Rs. 10,000/- with sureties aggregating Rs. 10,000/-.

Bharat Bhiwa Jadhvar Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2014)

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6 ABA 618 OF 2014

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.618 OF 2014.

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Bharat Bhiwa Jadhvar .. Applicant. V/s. The State of Maharashtra .. Respondent.

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Mr. S. V. Kotwal i/by Mr. Ashish S. Sawant, for the Applicant.

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Smt. A. A. Mane, APP for the respondent State. Mr. B. D. Hoval, API, Pangri Police Station, Tal.Barshi, District: Solapur.

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CORAM : MRS. MRIDULA BHATKAR, J.

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DATE : 22^nd August, 2014

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P.C.

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This application is moved for

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anticipatory bail as the applicant is facing charges under Sections 376 read with section 34 of the Indian Penal Code registered under

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C.R.No59 of 2014 at Pangri Police Station, District: Solapur. The incident of rape has taken place in the early morning at 2.00 a.m.

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on 7.4.2014 and thereafter at 11.45 a.m. The F.I.R. was lodged accordingly.

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The learned counsel for the applicant

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Page No.1 of 4

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6 ABA 618 OF 2014

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has submitted that the prosecutrix has earlier

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lodged complaint against his brothers and father under Sections 354, 506 of the Indian Penal Code in which police have filed “B”

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Summery and it was informed that the lady has given a false complaint out of vengeance as disputes of the property are pending between two families. The prosecutrix and the family of the applicant accused are cousin. The learned counsel further submitted that as per case of prosecutrix, the incident has taken place at 2.00 a.m. on 7.4.201, however, before that on 6.4.2014, at around 6.30 p.m. Ravindra Jadhavar the brother of the applicant accused has lodged complaint against the father and other family members and also against prosecutrix which is registered at C.R.No.58 of 2014for the offences under Sections 143,

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147, 148, 149, 323, 307, 506, 506 of the Indian Penal Code. He submitted that the applicant accused is innocent and out of

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Page No.2 of 4

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6 ABA 618 OF 2014

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vengeance, this report is given.

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The learned APP has opposed the application.

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On perusal of the complaint and

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earlier record and B Summery, so also copy of F.I.R. lodged by applicant accused against

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prosecutrix, I am of the view that this is a fit case to grant pre-arrest bail to applicant accused on the following terms :-

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Order

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i) In the event of applicant’s arrest in above crime, he be released on bail on his furnishing P.R. Bonds in the sum of Rs.10,000/- with one or two sureties in the sum aggregating to Rs.10,000/-.

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ii) The applicant shall attend the concerned police station on every Saturday between 4.00 p.m. to 5.00 p.m. till filing of the

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chargesheet.

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iii) The applicant shall not indulge into any kind of such offence and shall not pressurize the prosecution witnesses.

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Page No.3 of 4

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6 ABA 618 OF 2014

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iv) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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v) The applicant shall not leave India without the previous permission of the trial Court.

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The application is allowed and

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disposed of accordingly.

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(MRS. MRIDULA BHATKAR, J.)

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Page No.4 of 4

Bharat Bhiwa Jadhvar v. the State of Maharashtra

Case brief

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Bharat Bhiwa Jadhvar v. the State of Maharashtra

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