Shantabai @ Shevantabai W/O. Dashrath Pawar And Another v. The State Of Maharashtra And Another

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.102 OF 2023 Shantabai @ Shevantabai W/O. Dashrath Pawar And Another ...Applicants

Versus

The State Of Maharashtra And Another

...Respondents

Mr Shaikh Majit h/f. Mr. Sachin Deshmukh, Advocate for applicants.

Mr. A.V. Deshmukh, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15 th FEBRUARY, 2023 ORDER :

1.

Applicants apprehend arrest in Crime No. 258 of 2022, registered with Talwada Police Station, Beed, for offence under section 182, 186, 353, 332, 336, 506 read with 34 of the Indian Penal Code.

2.

FIR is lodged by Police Constable Sachin Algat, alleging that one Dashrath gave false information to the police station that his son Vilas has hanged himself. Informant along with other police personnel went to the house of Dashrath. However, they did not notice that Vilas has hang himself.

{2} Dashrath then pelted stones towards informant which he avoided. Dashrath obstructed the Government work which was being done by informant and his colleagues. Dashrath also abused them. Therefore, FIR is lodged against Dashrath Pawar, Shantabai Pawar, Rani Pawar and Vilas Pawar.

3.

Heard the learned advocate for the applicants and learned Additional Public Prosecutor for respondents. Perused the investigation papers.

4.

Perusal of FIR and investigation papers show that there are general allegations against applicants that they scuffled with the police personnel and obstructed them in discharging their duties. Main allegations are against Dashrath Pawar.

It appears from the record that there was quarrel between Dashrath and his son Vilas for which Dashrath was repeatedly approaching the police authorities. However, cognizance of his complaint was not taken and hence he has resorted to this act.

{3} 5.

Applicants were granted interim protection and were directed to attend the police station. They have attended the police station and have co-operate in the investigation. Nothing is to be recovered from the applicants. Pre-trial custodial detention of the applicants is therefore not necessary in the facts of the present case. Applicants being women deserve protection. 6.

In the result, application is allowed.

7.

In the event of arrest of applicants in connection with Crime No. 258 of 2022, registered with Talwada Police Station, Beed, for offence under section 182, 186, 353, 332, 336, 506 read with 34 of the Indian Penal Code, applicants shall be released on executing personal bond of Rs. 15,000/- each with one surety in the like amount.

8.

Till filing of charge sheet, applicants shall attend the concerned police station as and when called by the investigation officer. Applicants shall not tamper the prosecution evidence. [NITIN B. SURYAWANSHI, J.]