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Bombay High CourtABA/2437/2019anticipatory bail granted

Shankar Dashrath Kadam And ORS v. The State Of Maharashtra

2019-12-11Hon'Ble Shri Justice Prakash D. Naik2 pages

Sajakali Jamadar 1 of 2 915-ABA-2437-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2437 OF 2019

1. Shankar Dashrath Kadam

2. Nilesh Shankar Kadam

3. Sunil Shankar Kadam

4. Mangalbai Shankar Kadam ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Kishan Chaudhari a/w Vikas Shivarkar i/b Jayendra D. Khairnar, Advocate for the Applicants.

Smt. Geeta P. Mulekar, APP for the State-Respondent. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 11th December, 2019 PC :

1.

This is an application for bail in connection with C.R. No. I-255 of 2019 registered with Malegaon Taluka Police Station, Malegaon, Dist. Nashik for offences punishable under Sections 326, 324, 323, 504, 506, 294, r/w Section 34 of Indian Penal Code. 2.

The prosecution case is that on 15th October, 2019 father of complainant was bitten by applicant No.1 while complainant and others were proceeding to lodge. The complainant applicants assaulted them by iron rod, stick and fist/kick blows. Heard learned counsel for the applicant. It appears there are cross cases. Since the Court was not inclined to grant relief, the application on behalf of

Sajakali Jamadar 2 of 2 915-ABA-2437-19.doc applicant Nos. 1 to 3 is not pressed.

3.

Considering the fact that the applicant No.4 is a lady and role assigned to her, protection can be granted to her under Section 438 of Cr.P.C.

O R D E R

i) Anticipatory Bail Application No. 2437 of 2019 allowed qua applicant No.4 Mangalbai Shankar Kadam ii) In the event of arrest of applicant No.4 in C.R. No. I-255 of 2019 registered with Malegaon Taluka Police Station, Malegaon, Dist. Nashik, she may be released on bail on furnishing P. R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

iii) The applicant No.4 shall attend the Investigating Officer as and when called for.

iv) Application on behalf of applicant Nos.1 to 3 is not pressed.

v) Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)