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Bombay High CourtABA/3170/2021disposed off

Rajlaxmi @ Laxmi Santosh Shinde v. State Of Maharashtra And ANR.

2022-01-03Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.3170 OF 2021 Rajlaxmi @ Laxmi Santosh Shinde ..Applicant Vs.

The State of Maharashtra & Anr.

..Respondents ---- Mr.Vanraj R. Shinde for the Applicant.

Mr.R.M. Pethe, APP, for the Respondent-State. Mr.Vijay Khomane, PI of Dattawadi Police Station, Pune. ---- CORAM : C.V. BHADANG, J.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.01.03 17:26:00 +0530 DATE : 3 JANUARY 2022 P.C.

.

The Applicant, apprehending her arrest, in connection with the Investigation of Crime No.260 of 2021 under Section 395, 452,341,323,504,506 and 427 of the Indian Penal Code of Dattawadi Police Station, Pune is seeking anticipatory bail. 2.

The record discloses that apart from the present Applicant there are five co-accused and one of the accused namely Sunita Bandal was arrested and has been released on regular bail. One other co-accused namely Pushpa Chaudhari has also been granted interim protection, inter alia for the reason that she is a lady aged more than 60 years.

N.S. Kamble page 1 of 3

3.

Upon hearing the learned counsel for the parties it appears that the incident arose out of some property dispute between Pushpa Chaudhari and the complainant. Considering the fact that the genesis of the incident appears to be a civil dispute about the possession of the two shops is alleged to be a in possession of the complainant, I find that the applicant can be granted interim protection subject to conditions.

4.

It may be mentioned that the learned counsel for the Applicant on instructions stated that the Applicant who is a social worker has no direct interest in the shop premises or the dispute between Pushpa Chaudhari and the Complainant and Applicant will not make any attempt to get involved in the said dispute and possession of the shops in any manner. The statement so made is accepted.

5.

In the result, following order is passed.

ORDER

(i) In the event of her arrest in connection with investigation of Crime No.260 of 2021 of Dattawadi Police Station, the applicant shall be released on bail on executing a P.R. Bond in the sum of Rs.25,000/-with one or two solvent sureties in the like amount.

N.S. Kamble page 2 of 3

(ii) The applicant shall attend concerned Police Station once in two weeks between 11.00 am to 1.00 p.m. and as and when called by the investigating officer and shall cooperate with the Investigating Agency. (iii) The applicant shall not contact/influence or threaten or pressurize the complainant or otherwise tamper with the prosecution evidence/witnesses.

(iv) The applicant shall not involve herself in the dispute over the shop premises between the complainant and Pushpa Chaudhari in any manner.

(v) The Criminal Application is disposed of in the aforesaid terms.

C.V. BHADANG, J.

N.S. Kamble page 3 of 3