Dhanukaur Ranbirsingh Dudhani v. The State Of Maharashtra

ppn 1 7.aba-654.19 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.654 OF 2019 Dhanukaur Ranbirsingh Dudhani ..

Applicant Vs.

State of Maharashtra ..

Respondent --- Mr.Debajyoti Talukdar for the applicant.

Ms.S.S. Kaushik, APP for respondent-State.

Mr.Pramod Khatake, P.S, Market Yard Police Station, Pune. --- CORAM : P.N. DESHMUKH, J.

DATE : 27th March 2019 P.C.:

.

Heard learned counsel for applicant. Perused case diary. 2.

This application is filed by a female accused who is aged 58 years old seeking anticipatory bail on the ground that false report is lodged against her by complainant Bhausaheb Khengare as her involvement is revealed from the statement of another injured Popat Khengare who is brother of complainant whose statement is recorded belatedly on 20th November 2018. It is also pointed out that in fact there is no reference of any female accused therein. It is therefore submitted that applicant be protected by interim protection. 4.

Perusal of report would reveal that incident took place on 17th November 2018 at night. No name is mentioned in report. It is

ppn 2 7.aba-654.19 .doc material to note that said report is lodged by injured Bhausaheb after three days after incident which occurred on 20th November 2018. Thought statement of Popat, another injured is recorded, same is also belatedly recored on 20th November 2018 in which applicant is involved wherein applicant is attributed to have instigated co-accused to commit assault.

5.

Considering the fact that complainant who is also injured has not named applicant whose involvement is in belated statement of injured Popat and that too to the limited aspect of instigation, applicant is protected by interim directions as per order below :-

ORDER

(i) In the event of arrest of applicant in C.R.No.200 of 2018 registered with Market Yard Police Station, Pune for the offences punishable under Sections 307, 388, 326, 325, 143, 148, 149, 504, 34 of IPC, she shall be released on bail on her executing P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount;

(ii) While on bail, applicant shall mark her presence with investigating officer for three days from 3rd April 2019 to 5th April 2019 between 10.00

ppn 3 7.aba-654.19 .doc a.m. to 1.00 p.m. and thereafter as and when called till filing of chargesheet and shall co-operate with investigation; (iii) Application is disposed of in above terms.

P.N. DESHMUKH, J.