Seema Ratan Badade v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1497 OF 2018 Mrs. Seema Ratan Badade ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Rajiv Chavan, Senior Counsel a/w Ms. Priyanka Chavan I/by Mr. Kiran Shinde for the Applicant.

Mr. S.S. Pednekar APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 14th August, 2018 P.C.:

Heard the learned counsel for the applicant and the learned APP.

This is an application under Section 438 Code of Criminal Procedure. The applicant herein is apprehending his arrest in Crime No.171 of 2018, registered at Ambad Police Station, Nashik for the offences punishable under Sections 307, 324, 498-A, 323, 504,506 Indian Penal Code.

2/3 The complainant happens to be the daughter-in-law of the present applicant. It is specifically stated in the complaint that the applicant is associated with a political party and takes undue advantage of the same. That she had harassed and ill-treated the complainant.

Learned APP also submits that on the date of the incident i.e. 8th April 2018, the applicant was not present at home. When the complainant was allegedly assaulted by her husband i.e. the son of the applicant. At the most, the applicant would be liable for an offence punishable under Section 498-A of Indian Penal Code. Hence, the applicant deserves to be granted pre-arrest bail. The observations are restricted to application under Section 438 of the Code of Criminal Procedure, 1973 and shall not be taken into consideration for the purpose of quashing of FIR, discharge application or at the time of trial. Hence, the following order is passed :

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O R D E R

i ) The application is allowed.

ii ) In the event of arrest, the applicant be enlarged on bail on furnishing P.R. bond in the sum of Rs.50,000/- with one or more solvent sureties in the like amount.

iii ) The applicant shall report to the concerned police station as and when called.

iv ) The Intervention Application is heard, allowed and disposed of.

( Smt. Sadhana S. Jadhav, J)