Shraddha Bajrang Ghatge v. The State Of Maharashtra
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1646 OF 2019 Shraddha Bajrang Ghatge .Applicant Vs.
The State of Maharashtra .Respondent Mr. S. S. Redekar, Advocate, for the Applicant Mrs. P. P. Shinde, APP, for the Respondent - State Mr. Amit Babar, PSI, Agripada Police Station, Mumbai present
CORAM
:
REVATI MOHITE DERE, J.
DATE :
26.07.2019 P.C.
.
Heard learned counsel for the Applicant.
2.
By this Application, the Applicant seeks pre-arrest bail in connection with C. R. No. 214 of 2019 registered with the Agripada Police Station, Mumbai, for the alleged offences punishable under Sections 353, 332, 504 r/w 34 of the Indian Penal Code. 3.
Perused the papers. The Applicant is the sister of the deceased - Rajkishor Dixit. The deceased - Rajkishor Dixit was admitted in Nair Hospital for medical treatment and was on ventilator at
the relevant time. According to the relatives of Rajkishor Dixit, he expired on 14.07.2019 at 6.30 p. m. due to the negligence of the Doctors. It appears that pursuant to the said incident, the deceased - Rajkishor Dixit's relatives including the Applicant got angry and abused the Doctors on duty and that there was an altercation between them, pursuant to which the aforesaid C. R. was registered. In the said incident, it is alleged that the Applicant alongwith other relatives assaulted the Doctors. The Applicant is the sister of the deceased - Rajkishor Dixit. Learned counsel for the Applicant submits that as the oxygen supply was removed, when Rajkishor Dixit was on ventilator, the aforesaid incident took place.
4.
Having regard to the peculiar facts, custodial interrogation of the Applicant is not warranted. Accordingly, the Application is allowed and the Applicant is granted pre-arrest bail on the following terms & conditions :-
O R D E R
(i) In the event of arrest, the Applicant be enlarged on bail, on executing P. R. Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount;
(ii) The Applicant shall report to the investigating officer of the
concerned police station on 1st & 2nd August, 2019 between 10.00 a. m. and 12.00 noon and thereafter, as & when called for by the investigating officer;
(iii) The Applicant shall co-operate with the investigation; (iv) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
5.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
6.
It is made clear that the observations made herein are prima facie, and are confined to this Application. All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)