Shankarrao Dhondiram Sawant And ORS. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 193 OF 2015 Shankarrao Dhondiram Sawant.

Prasad Shankarrao Sawant.

Prashant Shankarro Sawant.

... Applicants.

Versus

The State of Maharashtra & anr.

... Respondents.

--- Mr. Santosh S. Musale, advocate for Applicants. Mr. Arfan Sait, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : FEBRUARY 10, 2015 P.C.:

Heard the learned Counsel for the applicants and the learned APP for State. Perused the papers.

This is an application under Section 438 and Section 482 of the Code of Criminal Procedure, 1973 seeking transit bail. The applicants herein are apprehending their arrest in Crime No. 349 of 2014 registered at Badgoda Police Station, District Indore for offence 1/3

punishable under Section 498A, 294, 406, 506 read with Section 34 of the Indian Penal Code.

The applicants have approached the Court of Sessions, Pune seeking transit bail. The Additional Sessions Judge, Pune vide order dated 31/1/2015 was pleased to grant transit bail till 9/2/2015 to enable the applicants to approach the Court of Sessions/High Court at Indore seeking pre-arrest bail.

The learned Counsel for the applicants submits that he has received the said order passed by Additional Sessions Judge, Pune on 4/2/2015 and therefore, could not approach the Court in Madhya Pradesh. He seeks extension of time.

The offence is registered under Section 498A of the Indian Penal Code. The offence arises out of matrimonial dispute. Hence, the applicants deserve transit bail.

2/3

Hence following order is passed.

ORDER

(i) The application is allowed.

(ii) The applicants are protected till 5 p.m. of 3/3/2015. During this period the applicants shall approach the appropriate Court of Law and seek necessary orders.

(iii) In view of the above, in the event of arrest in Crime No. 349 of 2014 registered at Badgoda Police Station, Dist. Indore, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/-each and one or two sureties in the like amount. The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3