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2012 DIGILAW 45 (BOM)

Satish Ramashankar Dube v. State of Maharashtra

2012-01-09

R.C.CHAVAN

body2012
Judgment Leave to replace page Nos 17 and 18. 2. This is an application for anticipatory bail by two persons against whom, offence under Section 326 of the Indian Penal Code has been registered, after the investigation under Section 156(3) of Code of Criminal Procedure, was ordered by the learned Judicial Magistrate First Class, Vasai, upon a complaint by the first informant. The applicant No.1 himself had also filed report against the first informant whereupon an offence was registered on 28th June, 2011, itself. The injury certificate of victim Ramchandra on whose private complaint offence is registered shows that he had informed the Doctor a history of assault by three persons around 2.10 p.m. by plastic chair. The injuries observed are blunt trauma with tenderness over right cheek and tenderness to the lower jaw with three teeth loosened. This was in the context of the fact that the first informant's Manager has entered into some sort of agreement with applicant No.1 which soured up. Considering the nature of allegations made, the applicants' being in custody for the purpose of investigation is not at all necessary though the learned APP has very strong objection. In view of this, in the event of applicants' arrest in connection with C.R. No.23 of 2011, registered with Nallasopara Police Station, District: Thane, they be released on bail on their furnishing P.R. bond in the sum of Rs.25.000/-with one or more solvent sureties in the sum aggregating to Rs.25,000/-on the following conditions:- i) The applicants shall make themselves available on 13th January, 2012 at 11.00 a.m. for interrogation by the Investigating Officer and thereafter as and when required by the Investigating Officer. ii) The applicants shall also furnish their mobile telephone numbers and addresse and other details to the investigating officer. iii) The applicants 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 them from disclosing such facts to the Court or to any police officer; iv) The applicants shall not leave India without the previous permission of the trial Court. iii) The applicants 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 them from disclosing such facts to the Court or to any police officer; iv) The applicants shall not leave India without the previous permission of the trial Court. v) The order shall remain in force till the trial is over with the only stipulation that if charge-sheeted the applicant may furnish fresh bonds before the trial Court in view of the judgment of the Hon'ble Supreme Court in case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and ors, reported in A.I. R. 2011 (SC) 312. vi) The application stands disposed of.