Waman Namdeo Desale v. The State Of Maharashtra

rpa 1/3 6 aba 310 426 2020(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.310 OF 2020 Waman Namdeo Desale .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.A.S. Pandire i/b. Mr.A.R.Pitale, Advocate for the Applicant. Ms.Sangita Sharad Desale, Complainant present in Court. Mr.M.R. Tidke, APP for the Respondent - State. ......

WITH ANTICIPATORY BAIL APPLICATION NO.426 OF 2020 Vanita Waman Desale .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.Dheeraj Panchange, Advocate for the Applicant. Mr.M.R. Tidke, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 22, 2021.

P.C. :

The applicants in both the applications are apprehending arrest in connection with C.R.No.3 of 2020, registered with Kinhavali Police Station, Thane Rural, for the offences punishable under Sections 498-AA, 32- and 323 of Indian Penal Code ("IPC", for short). The applicant in ABA 426 of 2020 is

rpa 2/3 6 aba 310 426 2020(2).doc the mother-in-law and applicant in ABA 310 of 2020 is the father-in-law of the complainant.

First Information Report ("FIR", for short) was lodged on 3rd January, 2020. The marriage of the complainant was solemnized with son of applicant on 30th April, 2017. It is alleged that the accused had abused and assaulted the complainant. The relatives of the complainant had visited the house of the accused who advised them not to cause harassment to the complainant. She was abused and mentally tortured. On 13th December, 20198, phenyl was administered to complainant. The FIR was lodged on 3rd January, 2020.

Learned advocate for the applicants, on instructions, submits that there is reconciliation amongst the parties and the complainant is residing with her husband. The complainant is present in Court. She stated that she is residing with her husband. The applicants were granted interim protection. Considering the aforesaid circumstances, custodial interrogation of the applicant is not necessary. Interim order dated 5th February, 2020, deserves to be confrmed. Hence, I pass the following order:

rpa 3/3 6 aba 310 426 2020(2).doc :: O R D E R ::

(i) Anticipatory Bail Application Nos.310 and 426 of 2020, are allowed;

(ii) Interim order dated 5th February, 2020, is confrmed;

(iii) In the event of arrest of the applicants in connection with C.R.No.3 of 2020, registered with Kinhavali Police Station, Thane Rural, the applicants be released on bail on executing P.R. Bond in the sum of Rs.25,000/A, each, with one or more sureties in the like amount;

(iv) Anticipatory Bail Application Nos.310 and 426 of 2020, stand disposed of accordingly.

(PRAKASH D. NAIK, J.)