Durgabai Bhimrao Yeralkar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.527 OF 2020 Durgabai Bhimrao Yeralkar Applicant versus The State of Maharashtra Respondent Mr.Prashant S. Hagare for applicant.

Mr.M.G.Patil, APP, for State.

Mr.S.B.Jagtap, PSI, Walchand Nagar Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 3rd March 2020 PC :

1.

The applicant is apprehending arrest in CR No.69 of 2020 registered with Walchandnagar Police Station, Taluka Indapur, District Pune, for offences punishable under Sections 307,323, 504 and 34 of Indian Penal Code and Section 4(25) of Arms Act. The FIR was lodged by Shubham Yeralkar on 20th February 2020. 2.

The accused and complainant are neighbours. On 12th February 2019 the cousin of complainant had shouted due to nuisance by hens. His neighbour Bharati Yeralkar thought that he is abusing her. She informed the same to her husband Anil. There was quarrel between both the groups. Anil came with sword and assaulted the complainant and his uncle.

3.

The applicant had preferred application for anticipatory bail before Sessions Court which has been rejected. From the FIR it is apparent that on minor issue there was quarrel between both the

2 of 2 912.ABA.527.2020.doc families. Accused no.1 Anil had suddenly assaulted the complainant and his uncle with sword. He has been arrested and he is in custody. Considering the role attributed to the applicant, she need not be subjected to custodial interrogation.

4.

Hence, I pass following order :

ORDER

(i) Criminal Anticipatory Bail Application No.527 of 2020 is allowed and disposed of;

(ii) In the event of arrest of applicant in connection with CR No.69 of 2020 registered with Walchananagar Police Station, Taluka Indapur, District Pune, the applicant be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(iii) The applicant shall report the Investigating Officer on 12th and 13th March 2020 between 11 am and 1 pm.

(PRAKASH D. NAIK, J.) MST