Bombay High Court
Priyesh Jayant Shah vs The State Of Maharashtra And Ors on 8 April, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
17-ABA-867-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 867 OF 2021
Mr. Priyesh Jayant Shah .... Applicant
Versus
The State of Maharashtra and Anr. .... Respondents
______
Mr. Ujjwal Gandhi a/w Gunjan Thakkar i/b ASBA Khatib for
the applicant.
Mr. S.H. Yadav, APP for the State/Respondent.
______
CORAM :SARANG V. KOTWAL, J.
DATE : 8th APRIL, 2021
P.C. :
1. The Applicant is seeking anticipatory bail in
connection with C.R.No. 124 of 2020 registered at
Navghar Police Station, Thane, on 17/4/2020 under
sections 353, 352,504,506,188,269,270,290of the Indian
Penal Code, under section 11 of Maharashtra Covid-19
Act, 2020, under section 2,3,4 of the Epidemic Disease
Act and under section 112 and 117 of the Maharashtra
Police Act.
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2. Heard Mr. Ujjwal Gandhi, earned counsel for the
applicant and Mr. S.H. Yadav, learned APP for the State.
3. The FIR is lodged by Dr. Sanjeev Kumar. He has
stated that on 17/4/2020, he was on his duty. He was
given duty to provide facilities in surrounding area. He
was supposed to give sanitizers, spray, medicines,
insecticides etc. On that day the applicant approached
him and asked for pump of spray of medicine. The
informant expressed his inability as there was procedure
for getting the pump. He directed the applicant to
approach his senior. Instead of approaching the
informant's senior, the applicant started arguing with the
informant. There are allegations that he abused the
informant and went aggressively on his person. On this
basis the FIR is lodged.
4. Learned Counsel for the applicant submitted
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that it is a petty incident for which custodial interrogation
is not necessary. The incident is dated 17/04/2020 and
after about a year there is really no necessity for the
applicant's custodial interrogation.
5. Learned APP left the matter to the discretion of
the Court.
6. I have considered these submissions. I have
perused the FIR. From the FIR it does appears to be a
petty incident, no force was used by the present
applicant. The informant was not assaulted. Therefore
considering the minor nature of the incident, custodial
interrogation of the applicant is not necessary. He can be
protected by an order of anticipatory bail.
7. Hence, the following order :
ORDER
(i) In the event of his arrest in connection with C.R. No.124 of 2020 registered with Navghar Police Station, Thane, the y.s.patil 3 of 4 ::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 22:14:41 ::: 17-ABA-867-2021.odt Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) The Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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