Allowed

Subhash Ramchandra Khot v. the State of Maharashtra

Bombay HC4 Aug 2014ABA/672/2014

Case brief

AI extract

What is this about?

This anticipatory bail application was filed by an accused person prosecuted for offences under the Indian Penal Code and the Bombay Police Act arising from an assault incident. The High Court, noting the presence of a cross case and simple nature of injuries, granted pre-arrest bail on specific conditions including attendance at the police station.

What did the court decide?

Pre-arrest bail granted subject to furnishing bail bonds of Rs.15,000, weekly police attendance, and restrictions on leaving India or interfering with witnesses.

Subhash Ramchandra Khot Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2014)

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5 ABA 672 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.672 OF 2014.

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Subhash Ramchandra Khot .. Applicant. V/s. The State of Maharashtra .. Respondent.

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Mr. Anand S Patil, for the Applicant. Smt. A. A. Mane, APP for the respondent State.

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CORAM : MRS. MRIDULA BHATKAR, J.

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DATE : 4^th August, 2014

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P.C.

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By order dated 28^th July, 2014 the

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Investigating Officer was directed to remain

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present as he did not remain present on the earlier dates. Today also he is not present. However, he sent one constable alongwith papers.

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The applicant accused alongwith coaccused, is prosecuted for the offences

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punishable under Sections 143, 147, 148, 149,

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307,427 of the Indian Penal Code and Section 135 of the Bombay Police Act registered with

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Karveer Police Station, District: Kolhapur

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Page No.1 of 4

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5 ABA 672 OF 2014

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under C.R. No.76 of 2014. It is the case of

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the first informant that the incident of

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assault has taken place on 14.03.2014 on account of parking of vehicle in front of

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house of applicant accused. He was assaulted by the applicant accused and other persons with sword and sticks and thereafter he was admitted in the Hospital.

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The learned counsel for the applicant accused has submitted that the counter case is lodged by Arind Shankar Khot, the relative of the applicant accused which is registered under C.R. No.75 of 2012 on for the offences punishable under Sections 143, 147, 148, 307, 452, 427 of the Indian Penal Code and Section 135 of the Bombay Police Act. The applicant accused and the complainant are the distant relatives and they are staying in the same

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locality. The learned counsel for the applicant has produced photocopy of injury certificate and submitted that the injuries

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Page No.2 of 4

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5 ABA 672 OF 2014

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caused to Balwant Yashwant Khot, are simple in nature and therefore, the applicant be granted pre-arrest bail.

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application. She tendered photocopy of the

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provisional injury certificate and also relied on the statements of witnesses.

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On perusal of the provisional injury

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certificate and the contents in the F.I.R. and as there is a cross case registered against complainant and other persons, I am inclined to grant pre-arrest bail on 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 furnishing P.R. Bonds in the sum of Rs.15,000/- with one or two sureties in the sum aggregating to Rs.15.000/-.

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ii) The applicant shall attend the concerned police station on every Wednesday between 6.00 p.m. to 7.00 p.m. till filing of the chargesheet.

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iii) The applicant shall not indulge

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Page No.3 of 4

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5 ABA 672 OF 2014

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into any kind of such offence and shall not pressurize the prosecution witnesses.

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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 disposed of accordingly.

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(MRS. MRIDULA BHATKAR, J.)

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Page No.4 of 4

Subhash Ramchandra Khot v. the State of Maharashtra

Case brief

What is this about?

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Subhash Ramchandra Khot v. the State of Maharashtra

Case brief

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What did the court decide?

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