Swati Bhagwan Rigude v. The State Of Maharashtra

rsk 1/2 8-ABA-193-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.193 OF 2018 Swati Bhagwan Rigude ..Applicant vs.

The State of Maharashtra

...Respondent

---- Mr. Ritesh Thobde a/w Mr. Sagar Tambe for the Applicant . Mr. S. H. Yadav, APP for the Respondent.

Mr. Dhanaji Eknath Zagade, PC, Kurduwadi Police Station, Solapur. ---- CORAM : P. N. DESHMUKH, J.

DATE : 16th MARCH, 2018 P.C.:

.

Placed on record a copy of injury certificate of Radhika, injured in the present crime. Heard learned counsel for the applicant and learned APP for the State. By the interim order dated 1/2/2018 (Coram:Smt. Sadhana S. Jadhav, J.), the applicant is protected by pre-arrest bail. The order was passed directing the concerned Police Station to call applicant for investigation as and when required. Learned APP on instructions from Investigating Officer states that applicant was never called for the purpose of investigation.

2.

The applicant herein is apprehending his arrest in C.R. No.7/2018 registered at Kurduwadi Police Station, District Solapur for the offences punishable under Sections 323, 324, 327, 435, 436, 504, 506, 143, 147, 148 read with 149 of Indian Penal Code. Case of prosecution is that injured Radhikar lodged report on 6/1/2018 alleging that there was certain dispute between the parties concerning the land which stood in the name of her mother-in-law and some land owned by her sister-in-law, who was deserted by her husband, who had without obtaining sanction from other

rsk 2/2 8-ABA-193-18.doc family members and of applicant had sold land to Bhujang Talekar and, therefore complainant's husband has initiated some civil proceedings. It is the case of complainant that she is assaulted by applicant by sharp edged weapon on her hands, legs and by other co-accused by fist and kick blows. 3.

In the background of contents of report as aforesaid and perusal of injury report of Radhika reveals that she had sustained 6 incise wounds on her upper limbs and one on her neck. However, all the injuries are certified to be simple.

4.

This Court while grant of interim relief has noted that the case was involving an element of civil dispute between the parties who are inter se related to each other.

5.

In view of the facts as aforesaid, interim protection granted vide order dated 1/2/2018 and continued thereafter which is in force till today stands confirmed on the same terms and conditions. Applicant is however directed to appear before the Investigating Officer as and when called till the filing of charge-sheet.

(P.N. DESHMUKH, J)