Sunny Babalu Bagade And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 577 OF 2017 1.

Sunny Babalu Bagade;

2.

Surekha Babalu Bagade;

3.

Kalpana Avachit More ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Rupesh A. Zade for the Applicants Mr. Y. M. Nakhawa, A.P.P for the Respondent-State Mr. A. T. Darade, PC from Baramati City Police Station, Pune is present. CORAM : REVATI MOHITE DERE, J.

TUESDAY, 4 th APRIL, 2017 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P for the State.

2.

Learned Counsel for the applicants does not press the application qua applicant Nos. 1 and 2 and seeks leave to withdraw the application qua the said applicants. He submits that the applicant Nos. 1 and 2 will surrender before the concerned Court on or before 10th April, 1/3

2017, after giving notice to the concerned Investigating Officer of the date and time of surrender. The said statement is accepted. 3.

As far as applicant No. 3 is concerned, by this application, the applicant No. 3 seeks pre-arrest bail in connection with C.R. No. 137 of 2017 registered with the Baramati City Police Station, for the alleged offences punishable under Sections 326, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code.

4.

Learned Counsel for the applicants states that the allegations against applicant No.3 are general in nature. 5.

Perused the papers. It appears that the role attributed to applicant No. 3 is that she assaulted Sonali's husband with fist and kick blows. The allegations against applicant No. 3 are general along with other co-accused.

6.

Considering the role of the applicant No.3, the applicant No. 3 is granted pre-arrest bail, on the following terms and conditions : 2/3

ORDER

(i) The application is dismissed as withdrawn qua applicant Nos. 1 and 2.

(ii) The applicant Nos. 1 and 2 to surrender before the concerned Court on or before 10th April, 2017, after giving notice to the concerned Investigating Officer of the date and time of surrender ; (iii) The applicant No.3-Kalpana Avachit More, in the event of the arrest, be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount ; (iv) The applicant No.3 to cooperate with the investigation. 7.

The application is partly allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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