Mr.Rakesh Bhivaji Shelke & Anr. v. State of Maharashtra & Anr.
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 427
Key paragraphs
- Para 55. The application stands rejected. These observations are only for the purpose of present proceedings and they will not come in the way of any other proceedings including the application which may be filed for regular bail. (T.V.NALAWADE, J.)
Judgment
1. Mr.Rakesh Bhivaji Shelke & Anr. …Applicants. versus
1. State of Maharashtra & Anr. ...Respondents Mr.Satyavrat Joshi i/b. Mr.Subhash Hulyalkar, for Applicants. --- Mrs.A.T.Jhaveri, APP for State. --- CORAM : T.V.NALAWADE, J. DATED : 9th July, 2012 P.C. :
This is an application filed for anticipatory bail. Both the sides are heard. The papers are perused.
The crime is registered on a report given by Mrs. Mira Dattatraya Shelke. She has made allegations that the present applicants had entered the house alongwith 15 to 20 unknown persons with the weapons like sticks, iron rod, cycle chain and sword and they caused damage to their property, virtually broke the T.V.Set, as well as beating was given by using bicycle chain. The crime is registered for an offence under Section 452, 343, 147, 149, 323 etc. of I.P.C. After going through the FIR, this Court has observed that it can be registered for an offence causing damages to the Pvr aba508-12.sxw property under Section 427 of IPC also. The copy of panchanama is in consistent with the allegations made in the FIR.
The Advocate for the applicants submitted that the interim relief was granted to the applicant and they attended the concerned police station as per the condition imposed. It is submitted that in such a case there is no custodial interrogation required. This Court is not inclined to accept the said submission.
The record is sufficient to make out a prima facie case. Considering the nature of offence like entering the house of somebody and committing offence, this Court holds that the relief of anticipatory bail cannot be granted.
The application stands rejected. These observations are only for the purpose of present proceedings and they will not come in the way of any other proceedings including the application which may be filed for regular bail.
(T.V.NALAWADE, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 427.
Which court decided this case, and when?
Bombay High Court, on 09 Jul 2012. The bench was T V NALAWADE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.