Allowed

Mr. Vishal Suresh Pawar v. the State of Maharashtra

Bombay HC11 Jul 2022ABA/1039/2021

Case brief

AI extract

What is this about?

Allowed anticipatory bail application for offences under IPC 323, 498-A, 504, 506 read with 34. Directed release on bail if arrested and mandated cooperation to retrieve electronic data regarding alleged unlawful demands.

What did the court decide?

Allowed anticipatory bail; release on bail if arrested, furnished PR Bond Rs. 25,000 with one or two sureties; directed to cooperate in retrieving electronic data.

Mr. Vishal Suresh Pawar Vs the State of Maharashtra — Dowry and Cruelty | Bombay HC (2022)

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5-ABA-1039-21.DOC

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Sayali Upasani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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SANTOSH SUBHASH KULKARNI

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2022.07.12 17:39:40 +0530

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CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 1039 OF 2021

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Vishal Suresh Pawar ...Applicant

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Versus

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State of Maharashtra …Respondent

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Mr. Jyotiram S. Yadav, for the Applicant. Mr. A.A. Palkar, APP for the State/Respondent.

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CORAM: N. J. JAMADAR, J. DATED: 11^th July, 2022

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ORDER:-

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Heard the learned counsel for the Applicant and the learned APP for the State.

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This is an application for pre-arrest bail in connection with C.R. No.140/2021 registered with Satara City Station for the offences punishable under Sections 323, 498-A, 504, 506 read with 34 of Indian Penal Code, 1860 (the “Penal Code”).

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Prajakta Pawar (the first informant), who is the wife of the applicant, lodged a report with the allegations that during the period of 27/12/2015 to 23/02/2021 the applicant and coaccused Nos.2 to 5 who are the relatives of the Applicant subjected her to harassment in order to coerce her to meet unlawful demand of property. The Applicant allegedly circulated defamatory material casting aspirations on the character of the

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first informant.

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5-ABA-1039-21.DOC

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By an order dated 9^th April, 2021 this Court was persuaded to grant interim protection. The Court directed the Respondent to place on record the transcript of the whats-app chats, which allegedly contained the record of unlawful demand.

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The said material has not been placed on record. By an order dated 17^th June, 2022, by way of a last chance, the Respondent was directed to place the said material on record. Today it is submitted that the Investigating Officer is not present.

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The learned APP however submits that the charge sheet has been filed

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I have perused the allegations in the first information report. In the backdrop of the nature of the accusation, custodial interrogation of the applicant does not seem warranted. The investigation seems to be practically complete. Nonetheless, the Applicant can be directed to render necessary co-operation for retrieving electronic data. Hence, I am inclined to allow the application.

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Thus, the following order.

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:ORDER:

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(i) The application stands allowed.

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5-ABA-1039-21.DOC

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(ii) In the event of the arrest of the applicant in CR No.140 of 2021, the applicant be released on bail on furnishing a P. R. Bond in the sum of Rs.25,000/-, with one or two sureties in the like amount.

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( iii ) The applicant shall cooperate with the investigation and report to the Investigating Officer as and when directed and render necessary co-operation in retrieving the electronic data, as may be sought by the Investigating Officer.

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[N. J. JAMADAR, J.]

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Mr. Vishal Suresh Pawar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mr. Vishal Suresh Pawar 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

Statutes considered

Parties & counsel

Coram

Case details

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