Lata Digambar Kaddi And ANR v. State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.419 OF 2015 Lata Digambar Kaddi and Anr.

...

Applicants V/s.

The State of Maharashtra ...

Respondent Mr.Nazmi i/b Mr.K.K.Tiwari, for the Applicants. Ms.P.P.Shinde, APP for the Respondent - State. A.P.I.- Ragini Waghmare.

CORAM :

REVATI MOHITE DERE, J.

DATED :

25th MARCH, 2015.

P.C.

1.

Heard learned counsel for the Applicants and learned APP for the Respondent - State.

2.

By this Application, the Applicants seek pre-arrest bail, in connection with C.R. No.60 of 2015, registered with the Borivali Police Station, Mumbai, for the alleged offences punishable under Sections 315, 323, 452, 504 r/w 34 of the Indian Penal Code. 3.

The applicant no.1 is the mother of the complainant and applicant no.2 is the maternal aunt of the complainant, aged 60 and 45 years

2/3 respectively. The incident in question has taken place on 3rd January, 2015. It is alleged by complainant, that the applicants came to her house and assaulted her by giving kick blows and thereby committed the aforesaid alleged offences. It appears prima-facie that there is a civil dispute between the parties with respect to the ownership of the flat, between the complainant and the Applicant No.1. The relations between the parties are strained on account of the same. 4.

Perused the papers of investigation. The medical examination of the complainant shows that no injury was caused to the unborn child. Considering the peculiar facts of the case, and the fact that the applicants are ladies, the applicants deserve to be granted pre-arrest bail on the following terms and conditions

ORDER

i) In the event of arrest, the Applicants be enlarged on bail on furnishing P.R.Bond in the sum of Rs.15,000/- each, with one or two sureties in the like amount ; ii) The Applicants shall not tamper or attempt to influence the complainant or any persons concerned with the case;

3/3 iii) The Applicants shall co-operate with the Investigating Agency.

5.

The Application is allowed and disposed of in above terms. 6.

Parties to act upon the authenticated copy of this order. (REVATI MOHITE DERE, J.)