The High Court of Judicature at Bombay granted anticipatory bail to the applicant in a case involving Section 308 IPC and other offenses related to obscenity and dignity of women, directing release on bail with sureties upon arrest.
Anticipatory bail allowed; release on bail with counter security of Rs.25,000/- and sureties in case of arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1544 OF 2022
Aashish Harishankar Tiwari .. Applicant Versus The State of Maharashtra .. Respondent
Mr.Aashish Dube with Ms.Sarita Tripathi for the Applicant. Ms.Rutuja Ambekar, A.P.P. for the State/Respondent. PI Sanjay Marathe, attached to Dahisar Police Station, present.
CORAM: BHARATI DANGRE, J. DATED : 03rd OCTOBER, 2022
P.C:-
Dance in Hotel, Restaurant & Bar and Protection of Dignity of Women Act, 2016.
Learned A.P.P. is keen in insisting on the aspect that the applicant is charged under Section 308, which provide punishment for attempt to commit culpable homicide.
M.M.Salgaonkar
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A careful reading of Section 308 would reveal that whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder and such offence shall be punishable with imprisonment of either description for a term which may extend to three years, or with fne, or with both; and, if hurt is caused to any person by such act, it shall be punished with imprisonment of either description for a term which may extend to seven years, or with fne, or with both.
M.M.Salgaonkar
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performance, they were occupying the said room for some point of time, is the accusation. In any case, learned A.P.P. now submits that the said room is now demolished
In any case, in absence of any appropriate section invoked against the present applicant, accusing him of committing such an act, I do not think that the custodial interrogation is necessary.
Hence, the following order.
: ORDER :
(b) In the event of arrest in connection with C.R.No.524 of 2022 registered with Dahisar Police Station, applicant-Aashish Harishankar Tiwari shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount.
M.M.Salgaonkar
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(c) The applicant shall report to the concerned police station as and when called for.
(d) 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 the facts to Court or any Police Offcer and shall not tamper with evidence.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
1 issue framed by the court
Whether anticipatory bail application in case of alleged attempt to commit culpable homicide and obscenity offenses needs to be granted.
3 provisions across 2 enactments
Aashish Harishankar Tiwari
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
