Chandrakant Kisan Shinde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 984 OF 2018 Chandrakant Kisan Shinde .... Applicant v/s.

The State of Maharashtra and anr.

.... Respondents Mr. Viresh V. Purwant for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th APRIL, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant for pre-arrest bail in C.R.No.392/2017 registered with Andheri Police Station, Mumbai for offences punishable under sections 498A, 406, 323, 504, 506 r/w. 34 of the Indian Penal Code. 2.

Heard Mr. Viresh Purwant, learned counsel for the Applicant and Ms. Rutuja Ambekar, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Respondent No.2 - Ranjana 1/3

Chandrakant Shinde, the wife of the Applicant herein. The marriage of the Applicant and the Respondent No.2 was solemnized on 29/11/2002. The Complainant/Respondent No.2 has stated that on the very first day of marriage, she learnt that the Applicant was alcoholic. She has further stated that the other family members of the Applicant also demanded valuable articles from her parents and subjected her to cruelty for not meeting their demands. The complainant has stated that some time in the year 2012, she learnt that the Applicant was having friendly relationship with another girl. She claims that the Applicant and his family members continue harassing her physically and mentally over one pretext or the other. Hence, she lodged the FIR on 22/07/2017.

4.

The FIR is in respect of the offence allegedly committed by the Applicant and his family members in the year 2002. The allegations appear to be general in nature. The Applicant was granted interim bail on 28/05/2018. It is stated that the Applicant has reported to the Investigating Officer and that he has been duly interrogated. Learned APP also states that the investigation is completed and charge sheet will be filed within a period of two weeks. It is thus apparent that the presence of the Applicant is not required for the purpose of 2/3

investigation much less custodial interrogation. Hence, the Anticipatory Bail Application is allowed on following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.392/2017 registered with Andheri Police Station, Mumbai, he shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer as and when called by the Investigating Agency ; (c) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2022.04.08 18:57:54 +0530 3/3