Savita Ramchandra Gadekar And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 146 OF 2016 Savita R. Gadekar & Anr.

..Applicant v/s.

The State of Maharashtra.

..Respondents Mr. Rupesh Zade for the Applicant Mrs. G.P.Mulekar, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : JANUARY 29, 2016.

P.C.

1.

This is an application for anticipatory bail filed by the applicants apprehending their arrest in Crime No.570 of 2015 registered with Baramati City Police Station, Pune for offences punishable under Section 341,324, 326, 504, 506, r/w. 34 of the Indian Penal Code.

2.

The case of the prosecution in brief is that on 6.12.2015 at about 6 p.m while the first informant Nandkumar Babar was proceeding towards his residence, the co-accused Ramchandra

Gadekar and Rajendra Bhosale, stopped his motorcycle and assaulted him by means of iron pipes. The first informant has further stated that the present applicant had also assaulted him by iron pipes. 3.

The medical certificate prima facie reveals that the first informant has sustained grievous injuries. It is further to be noted that the allegations leveled against the present applicant are general in nature. Furthermore, the material on record indicates that there was a scuffle between both the parties and the husband of the applicant no.1 had also lodged an FIR against the complainant. 4.

Considering the above facts and circumstances, and also considering the fact that there was previous enemity between the parties, in my considered view, this is not a case which would justify custodial interrogation. Furthermore, the applicants being ladies and being permanent residents of Baramati City, Pune, there is no possibility of the applicants absconding or thwarting the course of justice. The applicants have no criminal antecedents. Hence the applicants are entitled to be released on bail on the following terms and conditions:

i) In the event of arrest of the above named applicants in Crime No.570 of 2016 of Baramati City Police Station, the applicants be released on furnishing bail bond of Rs.20,000/- each ( Rupees Twenty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned JMFC, Baramati, Pune. ii) The applicant shall report to the Investigating Officer for four days between 10 a.m. to 1.pm. and from the date of receipt of the order.

(ANUJA PRABHUDESSAI, J.)