Bombay High Court
Amit Devram Kalate vs State Of Maharashtra on 24 June, 2022
Author: N. J. Jamadar
Bench: N. J. Jamadar
905-aba-1663-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1663 OF 2022
Amit Devram Kalate ...Applicant
vs.
The State of Maharashtra ...Respondent
VISHAL Mr. Satyavrat Joshi i/b. Mr. Nitesh Mohite, for the Applicant
SUBHASH
PAREKAR Ms. M.R. Tidke, APP, for the State.
Digitally signed by
VISHAL SUBHASH
Mr. Kate, API, Hinjavadi police station present.
PAREKAR
Date: 2022.06.28
19:39:09 +0530
CORAM : N. J. JAMADAR, J.
DATE : JUNE 24, 2022
P.C.:
1. This is an application for pre-arrest bail in connection with
C.R. No. 273 of 2022 registered with Hinjavadi police station, Pune
for the offences punishable under sections 186, 195A and 507 of
Indian Penal Code, 1860.
2. Three crimes are registered against the applicant at Hinjavadi
police station being C.R. No. 373 of 2021, 375 of 2021 and 411 of
2021. The investigation in those crimes is underway. Mr. Nakul
Nyamane, API attached to Hinjavadi police station is a member of
the investigating team.
3. On 22nd March, 2022 while the first informant was on leave,
he received a call from cell phone No. 8581020202 and the caller
identified himself as Ashraf Meghant, the co-accused. Ashraf
claimed to be a close friend of the applicant. The later ascertained
Vishal Parekar ...1
905-aba-1663-2022.doc
the identity of the first informant and inquired with him as to what
was his stand as regards the crimes registered against the
applicant. The co-accused threatened the first informant to resolve
the issue pertaining to the applicant, lest he would be summoned
before a political functionary. Since the co-accused tried to obstruct
the public servant in the discharge of his public functions, the first
informant lodged report for the offences punishable under sections
195A, 186 and 507 of Indian Penal Code.
4. The learned counsel for the applicant submits that the
applicant had not called the first informant. The co-accused who
called the first informant was arrested and has since been released
on bail. The offence punishable under section 195A is not prima
facie made out. Rest of the offences are non-cognizable and bailable.
5. Learned APP submitted that though the co-accused Ashraf
Meghant was arrested and has been released on bail, the entire
exercise was directing at screening the applicant from the
consequences of the offences registered against him. Therefore, the
custodial interrogation of the applicant is warranted.
6. I find it rather difficult to accede the submission of learned
APP.
7. It is not the prosecution case that the applicant had called the
first informant. The person who called the first informant was
Vishal Parekar ...2
905-aba-1663-2022.doc
arrested and has since been released on bail. The submission of Mr.
Joshi, learned counsel for the applicant, that the applicability of
section 195A to the facts of the case is debatable appears to carry
some substance. Even if the first information report is taken at par,
it is difficult to draw an inference that the co-accused threatened
the first informant to give false evidence.
8. In the aforesaid view of the matter, I am inclined to exercise
the discretion in favour of the applicant.
Hence, the following order.
ORDER
1] The application stands allowed. 2] In the event of arrest of the applicant in C.R. No. 273 of 2022
registered with Hinjavadi police station, Pune for the offences punishable under sections 186, 195A and 507 of the Penal Code, he be released on bail on furnishing a P.R. bond in the sum of Rs. 25,000/- and one or two sureties in the like amount. 3] The applicant shall cooperate with the investigation and shall report to the investigating officer as and when directed.
(N. J. JAMADAR, J.)
Vishal Parekar ...3