Anita Ganesh Malve And ANR v. The State Of Maharashtra

Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1835 OF 2018 Anita Ganesh Malve and anr. vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rajendra Sorankar for the Applicants.

Mr. M.G.Patil, APP. for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 6th August, 2018 P.C.

1.

This is an application under Section 439 of the Cr.P.C. for bail in CR No.221/2018 dated 24.6.2018 registered with Nerul Police Station, Navi Mumbai under Sections 307, 323, 504, 506, 511 read with 34 of the Indian Penal Code.

2.

Heard the learned counsel for the applicants and the learned APP. Perused the charge sheet.

3.

The first information report is lodged by Sou. Archana Shani Malve. It is alleged that due to earlier enmity between the family members of the informant and Ganesh G. Malve, the cousin brother of the husband of complainant, the accused No.1 threatened the husband of the informant and therefore her husband lodged compalint against the accused persons. It is the

case of the prosecution that, when the complainant along with her son went to the house of her aunt Parvati Shinde at about 9.00 p.m. the accused No.1 Ganesh Malve came there and entered in the kitchen and put the scythe on the neck of her son aged about 10 years. When the informant tried to rescue her son, the accused No.1 gave fist blows on her stomach, abused her and threatened her with serious consequences. 4.

The first information report and other record would indicate that, serious allegations are levelled against the coaccused Ganesh Malve and the only allegation against the applicants is that, they abused the first informant and gave threats of serious consequences. The applicants are ladies and are in Jail since 26.6.2018. The investigation of the present crime qua the applicants is practically on the verge of completion.

5.

In view thereof, the applicant can be released on bail. Hence, the following order.

a) The applicants be released on bail in CR No.221/2018 dated 24.6.2018 registered with Nerul Police Station, Navi Mumbai on their furnishing PR bond of Rs.15,000/- each with one or two separate local sureties in the like amount.

b) After their release from Jail, the applicants shall attend the concerned police station on every first Monday of the month between 11.00 a.m to 1.00p.m.

c) The applicants shall attend all the dates before the Trial Court unless precluded for medical reasons.

d) The applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

e) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)