Shamrao Kundlik Kshirsagar v. The State of Maharashtra

Heard learned Advocate for the applicant- accused and learned A.P.P.for the State.

Perused application and the material available on record.

The applicant-accused seeking anticipatory Crime No. 131 2007 registered Islampur Police Station offence punishable Section 306 the I.P.C. and under Sections 32 and 33 of the Bombay Money Lenders Act, 1946.

Learned counsel for the applicant submits merely a deceased, applicant cannot denied bail. No custodial interrogation [ 2 ] necessary. The learned APP though oppose this application, but could not take his submission to the logical end.

Having seen the material on record, the applicant charged offence Section 306 I.P.C. I

prima facie incriminating material against the applicant on record so as to deny bail.

In the absence of any positive evidence available on record, I find no necessity of the custodial interrogation.

In backdrop, facie, I inclined to grant anticipatory bail to the applicant.

In the result, the applicant in the arrest C.R. No.131 2007 registered Islampur Police Station, District Sangli offence punishable Section 306 I.P.C.and Sections 32 33 Bombay Money Lenders Act, released furnishing personal Rs.25,000/- one or two sureties in the like amount on following terms and conditions: [ 3 ] a] applicant should report Islampur Police Station, once a i.e. every Monday between

3.00

5.00 p.m.till filing charge sheet. b] the said 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 such facts to the Court or to any police officer; c] the said applicant shall not pressurise witnesses and that he shall co-operate with the Investigating agency, if required.

This order of anticipatory bail shall remain filing charge sheet. It applicant to apply for regular bail before the regular Court. [ 4 ]

terms. (V.C.DAGA,J.) (V.C.DAGA,J.)

(V.C.DAGA,J.)