Allowed

Shahaji Krishna Patil v. the State of Maharashtra

Bombay HC29 Oct 2015ABA/1653/2015

Case brief

AI extract

What is this about?

The Bombay High Court granted anticipatory bail to three applicants charged with offences under sections 307, 326, and others of the IPC and the Bombay Police Act. The court imposed conditions including furnishing a bond, attending police station on Saturdays, and not tampering with witnesses.

What did the court decide?

Anticipatory bail granted on furnishing a P.R. bond of Rs. 15,000 each with sureties, attending police station on Saturdays, and not tampering with witnesses.

Shahaji Krishna Patil Vs the State of Maharashtra — Bail and Remand | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1653 OF 2015

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Shahaji Krishna Patil	...Applicant
Versus
The State of Maharashtra	...Respondent

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WITH ANTICIPATORY BAIL APPLICATION NO.1654 OF 2015

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1.	Vijay Yashwant Patil
2.	Mohan Bhimrao Kanse Versus	...Applicants
The	State of Maharashtra	...Respondent

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Mr.P.G.Chavan, for the Applicants in both the applications.

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Mr.S.S.Pednekar, A.P.P for the Respondent-State

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CORAM : REVATI MOHITE DERE, J.

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DATE : 29^th OCTOBER, 2015

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Heard learned Counsel for the applicants and the learned A.P.P.

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By these applications, the applicants seek pre-arrest bail in

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connection with C.R. No. 167 of 2015, registered with the Karad Taluka

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Police Station, Karad, for the alleged offences punishable under 307, 326,

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324, 323, 341, 143, 147, 148, 149 of the Indian Penal Code and under

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Section 37(1)(3) r/w 135 of the Bombay Police Act.

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Learned Counsel for the applicants states that a perusal of the complaint lodged by Ravindra A. Itkar shows that the present applicants reached the spot after the fight started between the parties. He submitted that the there is no specific overt act alleged as against the said applicants. He further submitted that the only allegation as against the present applicants is that they came after the fight started, armed with sticks and iron rods. He submitted that considering the nature of allegations, the applicants be enlarged on anticipatory bail. He submitted that as far as Manoj Kanase is concerned, he has received grievous injury in the said incident.

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Learned APP states that there are two injury certificates. He states that a perusal of the statement of Shrirang Shingade reflects that he was assaulted by the applicants – Vijay Patil and Mohan B. Kanse, on his head, however, and the nature of injuries are simple in nature. He states that the present applicants have no antecedents. He submitted that as far as injured – Sagar Shingade is concerned, the applicants are alleged to have

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assaulted him with fists and kick blows and the nature of injuries are simple in nature.

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Considering the nature of allegations, the applicants are granted pre-arrest bail on the following terms and conditions :

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ORDER

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(i) In the event of the 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 attend the concerned Police Station on every Saturday, between 10.00 a.m. to 11.00 a.m., till the filing of the charge-sheet ;

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(iii) The applicants shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case.

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The Applications are allowed in the aforesaid terms and are accordingly disposed of.

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It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.

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All concerned to act on the authenticated copy of this order.

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REVATI MOHITE DERE, J.

Shahaji Krishna Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shahaji Krishna Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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