Alka Sanjay Mahajan And ANR v. The State Of Maharashtra

1 912) ba328-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.328 OF 2019 1.

Ms.Alka Sanjay Mahajan, 2.

Ms. Dipali Sanjay Mahajan ..Applicants.

V/s.

The State of Maharashtra ..Respondent.

Ms.Rekha Musale for the applicant.

Mr.S.H.Yadav, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : JANUARY 31, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

After arrest of the applicants on December 13, 2018 in crime No. 841/2018 for offence punishable under sections 452, 323, 504 and 316 of the Indian Penal Code registered with Shirur police station, Pune, the applicants are seeking regular bail. 3.

Co-accused is already ordered to be released on bail vide order dated January 8, 2019 in Anticipatory Bail Application

2 912) ba328-19.doc No.25 of 2019.

4.

The allegations against the present applicants are along with co-accused, assaulted the complainant, resulting into her miscarriage. As such, the offence in question. 5.

Perused the F.I.R. and other papers. The medical report does not support the case of prosecution to the extent of the role attributed against the applicants, particularly the opinion of the Medical Officer given on November 17, 2018. That being so, the applicants deserve to be released on bail. Hence the order :- i) The applicant be released on bail in Crime No.841/2018 for offence punishable under sections 452, 323, 504 and 316 of the Indian Penal Code registered with Shirur police station, Pune, upon their furnishing P.R. bond of Rs.25,000/- each with one or two sureties each in the like amount; ii) The applicants shall not influence the prosecution witnesses or tamper with the evidence;

iv) The application stands disposed of accordingly. (NITIN W. SAMBRE, J.)