DINDOSHI SESSIONS COURT MHCC050062772022 ANTICIPATORY BAIL APPLICATION NO. 1885 OF 2022
Akshay Jayprakash Pathak Age: 26 years, Occ.: Service, Hindu, Indian Inhabitant of Mumbai, R/at: 169, Squaters Colony No7, Malwani Colony Near Anjuman Masjid, Kharodi Malad (West), Mumbai400095.
…Applicant
V/s
The State of Maharashtra (At the instance of Andheri Police Station, Mumbai in CR No. 1074/2022)
…Respondent
Shri B. J. Shaikh, Advocate for applicant.
Shri Ambekar, Addl. PP for the State/respondents.
Coram: His Honour Additional Sessions Judge, Shridhar M. Bhosale (C.R.No.1) Date : 28th November, 2022.
ORDER
1.This is an application under Section 438 of Code of Criminal Procedure (hereinafter referred as “Cr.P.C.”) for anticipatory bail on apprehension of arrest in connection with C.R. No. 1074 of 2022 registered at Police Station, Andheri for the offences under Sections 324, 504, 506(2) r/w 34 of Indian Penal Code (hereinafter referred as ‘IPC’).
2. Perused the application and say Exh. 2. Perused the copy of the FIR. Heard Learned advocate Shri B. J. Shaikh for the applicantaccused and Learned Additional PP Shri. Ambekar for the State.
3. In short, it was alleged that on 08/11/2022 at about 12 midnight one Surendra Pal has came with three unknown persons and stated that they want to settle the dispute about the quarrel on account of phone. Thereafter, one person has took a cooker and hit on his head whereas, informant try to stop the quarrel and then one person has assaulted by stick, another by hand. Then Asha Warde and Surendra Pal both rescued them and pushed them out, at that time those three persons gave threat to them that if he informed to the police then they will cut him. The applicant was one of the person amongst them. On the basis of the report offence came to be registered under Sections 324, 504, 506(2) r/w 34.
4.Except offence under Section 506(2) all offences are available. Already on the spot the weapon cooker and wooden ply were seized. Earlier Two coaccused were order to release on anticipatory bail.
Therefore, considering the allegations it is not necessary for custodial interrogation. Hence, I pass the following order :
ORDER
1.Anticipatory Bail Application No. 1885 of 2022 is hereby allowed.
2.In the event of arrest, applicantaccused Akshay Jayprakash Pathak in connection with C.R.No. 1074 of 2022 registered at Police Station, Andheri for the offences under Sections 324, 504, 506(2) r/w 34 of Indian Penal Code, he be released on executing PR Bond of Rs. 15,000/ (Rs. Fifteen Thousand only), and the like amount with one surety.
3.Applicantaccused Akshay Jayprakash Pathak, shall report to the police station, Andheri on 29.11.2022 and 30.11.2022 in between 12.00 noon to 02.00 p.m. and shall cooperate to the investigating officer as and when required for the purpose of investigation.
4.Applicantaccused Akshay Jayprakash Pathak, shall not tamper the evidence
5.Anticipatory Bail Application No. 1885 of 2022 stands disposed off accordingly.
Digitally signed by SHRIDHAR MAHADEO BHOSLE Date: 2022.11.30 13:06:14 +0530 (Sridhar M. Bhosale) 28.11.2022 Addl. Sessions Judge Sessions Court, Dindoshi, Mumbai. Date of dictation : 28.11.2022 Date of transcription by steno : 28.11.2022 Signed on : 28.11.2022 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Mrs. J. S. Gole 30.11.2022 at 1.06 p.m. (H.G.STENOGRAPHER) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court H.H.1st A.P.J. Shridhar M. Bhosale Room No.) Court Room No.1 Date of pronouncement of 28.11.2022 Judgment/Order Judgment/Order signed by P.O. 28.11.2022 on Judgment/Order uploaded on 30.11.2022