← Library
Bombay High CourtABA/699/2020disposed off

Suraj Laxman Wadhai v. The State Of Maharashtra

2023-03-02Hon'Ble Shri Justice S. M. Modak2 pages

by HEMANT CHANDERSEN SHIV Date:

2023.03.06 18:26:11 +0530 HEMANT CHANDERSEN SHIV 1/2 1.aba699.20.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.699 OF 2020 Suraj Laxman Wadhai ... Applicant Vs.

The State of Maharashtra & Anr.

... Respondents Mr. Rahul S. Kate for the Applicant.

Mr. N. B. Patil APP for Respondent No.1-State. CORAM : S. M. MODAK, J.

DATED : 2ND MARCH 2023 P.C:- 1.

Heard learned Advocate Mr. Rahul Kate for the Applicant and learned APP Mr. Patil for Respondent No.1-State. 2.

The first informant was impleaded as Respondent No.2 on 16/10/2020, on that date she was present. Today, Respondent No.2 is not present.

3.

This Court as per order dated 16th October 2020, has already granted interim protection to the Applicant. The offence is registered with Satara City police station under section 498A, 323, 325, 504, 506 read with 34 of IPC. The present Applicant is husband of the first informant-Ashwini. The other two accused are in-laws. They have been granted anticipatory bail by the trial Court. The sum and substance of the Application is that from 2/09/2019 till 23/01/2020,

2/2 1.aba699.20.doc the first informant was harassed by the Applicant and in-laws. She was not allowed to go out of house and she was threatened to be killed by pressing neck. She was also taunted on account of not doing household work.

4.

Even this Court has attempted to settle the matter by referring to mediation as referred in the order dated 2/12/2020, however, the mediation has failed. During interim protection, now, it is stated that the charge-sheet is filed and extract from the website of the Court of Chief Judicial Magistrate, Satara is filed. It is taken on record and marked as Annexure "X". It mentions that the charge-sheet is filed being RCC No.537 of 2021. The present Applicant and in-laws have been named therein. It if for the offence punishable under sections 498A, 323, 325, 504, 506 read with 34 of IPC. As the Officer concerned is not present, learned APP could not confirm this fact. However, this website extract is sufficient to infer that the chargesheet is already filed. It appears that investigation is complete and hence, custodial interrogation of the Applicant is not required. 5.

In view of above, interim protection granted on 2/12/2020 is confirmed.

6.

Anticipatory Bail Application is disposed of. (S. M. MODAK, J.)