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Bombay High CourtABA/2729/2018others disposed off

Ashalata Ananda Gaikwad And ORS v. The State Of Maharashtra

2019-04-05Hon'Ble Shri Justice P.N. Deshmukh2 pages

Nalawade 5-aba-2729-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2729 OF 2018 Smt. Ashalata Ananda Gaikwad and ors.

....Applicant.

vs.

The State of Maharashtra ....Respondent.

Mr. Vinod J. Zende for Applicant.

Ms. S.S.Kaushik, APP. for the State.

Mr,. K.V.Talge,PC from Junar Police Station present. CORAM : P. N. DESHMUKH, J.

DATE : 05th April, 2019 PC :

1.

Heard learned counsel for applicant and learned APP. for State. Investigating officer is not present. Applicant was earlier protected by interim order of this Court dated 3.1.2019. Though role attributed to applicant is of assault by stick and wooden rod on head and back of complainant, injury report would reveal that one simple injury on - Page-1/2

Nalawade 5-aba-2729-18.doc scalp is sustained by complainant and in spite of suspected fracture, on right forearm, no x-ray report is forming part of case diary since Nov.2017, in the absence of such document there is nothing to establish if fracture is sustained by complainant. By earlier order the applicant was directed to attend the Investigating Officer who is stated to have complied with the order of this court. In that view of the matter, interim order is confirmed as per order below.

ORDER

a) Interim order dated 3.1.2019 stands confirmed with further directions to applicant to attend the Investigating officer as and when called till filing of charge sheet.

( P.N.DESHMUKH, J.) - Page-2/2