Pratap Wamanrao Sarate And ORS v. The State Of Maharashtra

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1594 OF 2015 1.

Pratap Wamanrao Sarate .Applicants 2.

Ujwala Santosh Ingale 3.

Kantabai Wamanrao Sarate v/s.

The State of Maharashtra .Respondent Mr.Anand Jondhale i/b. M/s.Jondhale & Co., Advocate, for the Applicants Mrs.P.P.Shinde, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

27.10.2015 P.C.

.

Heard learned counsel for the applicant and the learned APP for the respondent - State. 2.

Learned counsel for the applicants does not press the application qua the applicant No.1. He seeks leave to withdraw the application qua the applicant No.1. As far as the applicant Nos.2 & 3 are concerned, the said applicants are the sister-in-law and the mother-in-law of the

complainant respectively. It appears from the FIR, that the complainant had left the matrimonial home, three years prior to the incident i.e. prior to the lodging of the FIR i.e. C.R.No.398 of 2015 registered with the Oshiwara Police Station, Mumbai, for the alleged offences punishable under Sections 498A, 324, 323, 504 & 506(II) r/w.34 of the Indian Penal Code. The applicant Nos.2 & 3 are not connected and were not involved in the incident of assault which took place on 16.09.2015, in which the coaccused assaulted the complainant with a sharp instrument, on her neck and right shoulder, as a result of which the complainant sustained injuries.

3.

Considering the nature of allegations qua the applicant Nos.2 & 3, the applicant Nos.2 & 3 are granted pre-arrest bail on the following terms & conditions:

ORDER

(i) In the event of the arrest, the applicant Nos.2 & 3 be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- each with one or two sureties in the like amount;

(ii) The applicant Nos.2 & 3 shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. 4.

The Application is allowed in the aforesaid terms and is accordingly disposed of. Learned counsel for the applicants states that at this stage, the applicant No.1 will surrender before the appropriate authority within one week from today. The said statement is accepted.

5.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the

observations made herein.

All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)