Single judge approved anticipatory bail for three applicants apprehending arrest in KC police cases under IPC sections 341, 427, 451, 452 relating to building demolition issues, subject to reporting and bond conditions.
Applications allowed on bonds of Rs.25,000/- each with one or two sureties; applicants to report to IO from 03/04/2023.
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.
Megha 19_aba_159_2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.159 OF 2023 WITH
INTERIM APPLICATION NO.295 OF 2023 IN
ANTICIPATORY BAIL APPLICATION NO.159 OF 2023
1. Sachin Kantilal Bhatt
2. Nilesh Surendra Poojari
3. Afzal Choudhary
...Applicants
Versus
The State of Maharashtra ...Respondent
WITH ANTICIPATORY BAIL APPLICATION NO.160 OF 2023 WITH
INTERIM APPLICATION NO.294 OF 2023
IN
ANTICIPATORY BAIL APPLICATION NO.160 OF 2023
1. Afzal Choudhary
2. Sachin Kantilal Bhatt
3. Nilesh Surendra Poojari
...Applicants
Versus
The State of Maharashtra ...Respondent
Mr. Meghashyam Kocharekar for the Applicants in both the matters.
Ms Anita Katariya for the Intervenor.
Mr. Shrikant Yadav, APP for Respondent -State.
Mr. R. Jadhav, PSI, Kandivali Police Station, present.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 29th MARCH, 2023.
P. C. :-
1.By these applications under Section 439 of the Cr.P.C. the
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Megha 19_aba_159_2023.doc
Applicants herein have sought pre-arrest bail apprehending their arrest
in Crime Nos. 1434 of 2022 and 1408 of 2022 registered with
Kandivali Police Station, for the offences punishable under Sections
341, 427, 451 and 452 r/w 34 of the IPC.
2.The aforesaid FIRs were registered pursuant to the FIR
lodged by tenants in Devibhavan building situated at Kandivali. The
grievance of the Complainant is that on 17/12/2022 the Applicants
alongwith the officers of the Corporation came to the site and told
them that adjoining building i.e. Shivmahal building is in dilapidated
condition and same needs to be demolished. They were called upon to
vacate the premises temporarily so as to prevent loss of life and
damage to the property in the process of demolition of Shivmahal
building. Grievance of the Complainant is that their rooms were partly
demolished and household articles were damaged.
3.The records prima facie reveal that the Applicant Nos.2 and
3 have entered into development agreement with Shiv Mahal Co-
Operative Housing Society Limited to develop the plot admeasuring
Digitally signed MEGHA by MEGHA SPARAB S Date: 1106.10 sq.meters including the building comprising of 21 residential 2023.03.30 PARAB 19:10:04 +0530 premises, 4 commercial premises and 9 residential premises occupied
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Megha 19_aba_159_2023.doc
by the protected tenants. The records reveal that the Developers have
obtained all requisite permissions. Grandfather of the Complainant has
already given his consent for development. There is no challenge to
the development agreement. Prima facie, it appears that the
Complainants are aggrieved by the development being carried out by
the Applicants in pursuance to the development agreement executed
with the society.
4.Considering the above fact as well as considering the nature
of allegations levelled against the Applicants, this is not a case which
would justify custodial interrogation. Hence, the applications are
allowed on the following terms and conditions:-
(i) In the event of arrest of the Applicants in Crime
Nos. 1434 of 2022 and C.R. Nos.1408 of 2022
registered with Kandivali Police Station, the
Applicants shall be released on bail on furnishing
PR bonds in the sum of Rs.25,000/- each with
one or two sureties each to the like amount.
(ii) The Applicants shall report to the concerned
Investigating Officer for a period of two days
from 03/04/2023 between 11.00 a.m. to 2.00
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Megha 19_aba_159_2023.doc
p.m. and further as and when required by the
Investigating Officer.
(iii) The Applicant shall keep the Investigating
Officer informed of their current addresses and
mobile contact numbers, and /or change of
residence or mobile details, if any, from time to
time.
5. The application stands disposed of. Interim application (s), if any, stand (s) disposed of accordingly.
(SMT. ANUJA PRABHUDESSAI, J.)
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1 issue framed by the court
Whether anticipatory bail applications by applicants apprehending arrest in cases involving demolition-related allegations deserve to be allowed.
1 provisions across 1 enactments
Sachin Kantilal Bhatt
Nilesh Surendra Poojari
Afzal Choudhary
The State of Maharashtra
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court