Ramesh Bhau Sawant And ORS v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.275 OF 2018 Ramesh Bhau Sawant & Ors.
....
Applicants Vs.
The State of Maharashtra ....
Respondent Mr. Priyal Gopaldas Sarda for the Applicants. Mr. N.B. Patil APP for the State.
Ms. Gawade, WPSI, Hadapsar Police Station, Pune. Coram : Smt. Sadhana S. Jadhav, J.
Date : 14th February 2018 P.C.:
Heard the learned counsel for the applicants and the learned APP.
This is an application under Section 438 Code of Criminal Procedure. The applicants herein are apprehending their arrest in Crime No.1185 of 2017, registered at Hadapsar Police Station, District Pune, for the offences punishable under Sections 376, 354, 506 read with 34 Indian Penal Code. Learned APP submits that the investigating officer is present alongwith the papers of investigation. Perused the papers of investigation.
2/3 It is the case of the prosecution that on 8th December 2017, Anita Sagar Sawant, who happens to be daughter-in-law of applicant nos.1 and 2 and the co-sister of the applicant no.3 lodged a report at the police station alleging therein that she was married to the son of the present applicant no.1 namely Sagar in the year 2013. That Jeevan happens to be her brother-in-law. Whenever she was found alone, the brother-in-law used to make advances at her and attempted to touch her inappropriately. That one day, in the month of June 2017, he had sexually assaulted her and ravished her. She had disclosed the said fact to her husband, in-laws and co-sister, but they had informed her not to disclose the said incident to anybody and threatened that she would be set ablaze. According to the complainant in the month of June 2017 and August 2017 as well as on 7th December 2017, Jeevan had sexually assaulted her. The applicants are being prosecuted for the offence punishable under Section 376 of Indian Penal code.
Learned counsel for the applicants submits that the entire family has been arraigned as accused. Jeevan has been arrested. The husband of the first informant was also arrested and enlarged on bail. Upon perusal of the papers of investigation and considering the submissions of the learned counsel, this Court is of the opinion that the applicants deserve to be granted pre-arrest bail. Hence, the following order :
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O R D E R
The application is allowed and disposed of.
In the event of arrest, the applicants be enlarged on bail on furnishing P.R. bond of Rs.15,000/- each with one or two solvent sureties in the like amount.
The applicant shall report to the concerned police station as and when called.
( Smt. Sadhana S. Jadhav, J)