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Bombay High CourtABA/1527/2017others disposed off

Parmeshwari Rajendra Raut And ORS v. The State Of Maharashtra

2017-10-10Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 ABA-1527-17-5 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1527 OF 2017 Smt. Parmeshwari R. Raut and ors. 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. S.T. Waghmode for the Applicants.

Mr. Prashant Jadhav, APP. for the State.

Mr. Balwant Salunkhe i/by H.D. Mulla for the intervener. CORAM : A.S.GADKARI, J.

DATE :

10th October, 2017.

P.C.

1.

By an order dated 11.9.2017 the applicants were granted interim relief and directed to attend the Investigating Officer on stipulated dates.

2.

Learned APP on instructions submitted that the applicants have attended the Investigating Officer on the stipulated dates. 3.

Perused the papers of investigation including the Medico Legal Certificate. Prima facie it appears that the version narrated by the first informant in her report is an exaggerated version which prima facie appears to be not supported by Medico Legal Certificate. It further appears that the injuries sustained by the first informant and the witness Madhuri are possible by fall a which might have occurred in the said scuffle. It is further to be noted here that the applicant No.1 had left her husband and started residing in the premises of the first informant. It appears that on some trifle

Nalawade A.S.

2 /2 ABA-1527-17-5 ground there was a quarrel between the parties which ensued in the scuffle and during the said scuffle the first informant has received minor injuries. After taking into consideration the papers of investigation, this Court is of the view that for further investigation of the present crime, the custodial interrogation of the present applicants is not necessary.

4.

Interim relief granted by an order dated 11.9.2017 is hereby confirmed.

5.

The condition to attend the Investigating Officer is hereby waived.

(A.S. GADKARI, J.)