Sayali Suyog Patil v. The State Of Maharashtra And ORS.

bipin prithiani 25-wp-1456.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2023.02.24 12:02:45 +0530 BIPIN DHARMENDER PRITHIANI CRIMINAL WRIT PETITION NO. 1456 OF 2021 Sayali Suyog Patil ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents ****** None for the Petitioner.

Mr. S. S. Hulke, APP for the Respondent-State. ****** CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 23rd FEBRUARY, 2023 P.C. :- .

None for the petitioner.

2.

This petition is under Article 226 of the Constitution of India questioning the legality of the order dated 2nd November, 2020 passed in ABA No. 1316 of 2020 by the Sessions Court, Greater Bombay. 3.

By the said order, respondent no.3-accused is granted pre-arrest bail in Crime No. 650 of 2020 for an offence punishable under Sections 498A, 354, 323, 504, 506, 406 read with Section 34 of the Indian Penal Code.

4.

The case of the petitioner is that she got married with respondent no.3 on 4th March, 2020 and the respondent no.3-husband has started

bipin prithiani 25-wp-1456.21.doc treating her cruelty, thereby demanding money. 5.

Considering the law laid down by the Apex Court in case of Arnesh Kumar v/s. State of Bihar & Anr., reported in (2014) 8 SCC 273, we are of the view that the Court below was justified in granting pre-arrest bail to the respondent no.3.

6.

Even otherwise, the order granting pre-arrest bail cannot be a subject matter of challenge in a Writ Petition as there are other remedies available to the petitioner.

6.

That being so, the petition stands dismissed. [R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]