Bharati Raosaheb Mithari v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.221 OF 2018 Bharati Raosaheb Mithari ....
Applicant Vs.
The State of Maharashtra ....
Respondent Mr. Tejas Hilage for the Applicant.
Mr. S.R. Agarkar APP for the State.
Mr. Pradip S. Jadhav, HC, Gokul Shirgaon Police Station, Kolhapur Coram : Smt. Sadhana S. Jadhav, J.
Date : 6th February, 2018 P.C.:
Heard the learned counsel for the applicant and the learned APP.
This is an application under Section 438 Code of Criminal Procedure. The applicant herein is apprehending her arrest in Crime No.182 of 2017, registered at Gokul Shirgaon Police Station, Kolhapur for the offence punishable under Section 380 Indian Penal Code.
It is the case of the prosecution on 12th September 2017,
2/3 one Malubai Parshuram Kamble who resides in the premises of Yallama Temple lodged a report at the police station alleging therein that on 14th August 2017, the present applicant and her son had visited the temple for offering their prayers. At that time, the complainant was cleaning the premises, the applicant had asked her for pot of water to be poured on the deity. The complainant had asked the applicant to take a pot of water from her house. That after some time the complainant saw her golden bangles were missing. According to the complainant, she had placed the same below her cushion. She had enquired with the present applicant, who had given evasive answers. According to the complainant, the applicant has stolen the said bangles.
It is pertinent to note that the incident is dated 14th August, 2017, however, the F.I.R. is lodged on 12th September 2017. There is no plausible explanation for the inordinate delay in lodging the F.I.R..
Learned counsel for the applicant submits that the applicant happens to be Director of Jay Bhawani Vikas Society and of Gokul Shirgaon Nagari Co-operative Credit Society, Kolhapur. It is submitted that registration of the case is an outcome of political rivalry. There are omnibus allegations against the present applicant. Taking into consideration the nature of the case and the submissions
3/3 advanced across the bar, this Court is of the opinion that the applicant deserves grant of pre-arrest bail.
However, the observations made hereinabove are prima facie in nature. The learned Sessions Court shall not be influenced by the above observations at the time of hearing the application for discharge or quashing of FIR or at the time of trial. The same be decided on its own merits. Hence, the following order is passed :
O R D E R
The application is allowed and disposed of.
In the event of arrest, the applicant be enlarged on bail on furnishing P.R. bond in the sum of Rs.25,000/- with one or more solvent sureties in the like amount.
The applicant shall report to the concerned police station on 14th and 15th February, 2018 and shall co-operate with the investigating agency to the best of her capacity. ( Smt. Sadhana S. Jadhav, J)