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Bombay High CourtABA/615/2022allowed

Parmit Kaur Daughter Of Mr Harbhajansingh Rin v. The State Of Maharashtra

2022-03-09Hon'Ble Smt. Justice Bharati Dangre4 pages

JAYARAJAN ANJAKULATH NAIR Date: 2022.03.10 12:06:09 +0530 JAYARAJAN ANJAKULATH NAIR 1/4 17 ABA-615.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.615 OF 2022 Parmit Kaur D/o. Harbhajansingh Rin ] ... Applicant Vs.

The State of Maharashtra ] ... Respondent ...

Mr. Manohar V. Shetty with Mr. Sarvesh Mishra, Mrs. Deepika Phul, Ms. Namita Ghadge for the applicant.

Mr. S.H. Yadav, A.P.P. for the State.

Mr. S.B. Kalekar, API attached to R.C.F. Police Station is present in the court.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 09TH MARCH, 2022.

P.C. :- 1.

The applicant is apprehending her arrest in C.R. No.31 of 2022 registered with R.C.F. Police Station on 24/01/2022 invoking offence of under Section 392 of the IPC. The complainant is a lady, who states that she has a daughter, aged 13 years, who is taking education in 8th standard. She referred to the applicant, as a

2/4 17 ABA-615.22.odt resident of the same locality.

2.

The complainant makes a reference to an incident of September/October, 2020, when some issue raked up between the applicant's mother and the complainant's niece and when the complainant tried to intervene, she was also beaten up by the complainant by hands and this has resulted in an NC being registered in the concerned police station. The incident resulting in invocation of Section 392 of the IPC is referred to, as the one which had taken place at 8.10 p.m. on 24/01/2022, when her daughter had accompanied her friend to visit her house, and the complainant received a phone call from her daughter stating that the applicant had snatched the gold chain worn by her. It is stated that the complainant immediately rushed to her daughter and, on the way, she crossed the present applicant and she uttered to her as to why she was not invited for her birthday party. Considering that the applicant was a quarrelsome lady, she approached her daughter, who narrated the incident to the effect that she was slapped by the applicant and her chain was also snatched. 3.

Considering the nature of allegations levelled and particularly noting that the applicant is a young girl of 23 years, subject to she co-operating with the investigation, in my considered opinion, she needs to be released on bail, in the event of her arrest. The said protection is, however, available as long as the applicant does not indulge in such type of activities in future

3/4 17 ABA-615.22.odt and recording of any complaint against her, would entitle the prosecution to seek cancellation of bail. Hence, the following order:

ORDER

(a) In the event of arrest, the applicant - Parmit Kaur D/o. Harbhajansingh Rin shall be released on bail in C.R. No.31 of 2022 registered with R.C.F. Police Station, Mumbai on executing P.R. bond to the extent of Rs.25,000/- each and furnishing one or two sureties of the like amount.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case and shall not tamper with prosecution evidence.

(c) The applicant shall report to the R.C.F. Police Station, Mumbai, on every Thursday for four weeks between 02.00 p.m. and 04.00 p.m. and, thereafter, as and when required by the Investigating Officer.

4.

The application is disposed of in the aforestated terms.

4/4 17 ABA-615.22.odt 5.

All parties are directed to act on the downloaded copy of the order supplied by the advocate under his seal and signature. [SMT. BHARATI DANGRE, J.]