Vasant Jaywant Kambale v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 493 OF 2023 Mr. Vasant Jayvant Kambale Applicant

Versus

The State of Maharashtra Respondent Mr. A. M. Reddy, Advocate for the applicant.

Mrs. G. L. Deshpande, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 31st AUGUST, 2023.

PER COURT :

1.

Applicant is apprehending arrest in connection with Crime No. 50/2023, registered with Chakur Police Station, Tq. Chakur, Dist. Latur, for the offences punishable under Sections 354, 354-D, 506 of Indian Penal Code.

2.

Informant is daughter-in-law of applicant who has made allegations against him in respect of the incident occurred on 8th February, 2023. She has narrated the incident in the report.

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Learned counsel for applicant states that there are disputes over property between the informant and her husband on one side and the applicant on the other. By drawing attention of the Court to the statement of aunt of the informant, it is submitted that her statement indicates that the informant was present at Latur whereas the alleged incident is stated to have occurred at Chakur. He further submits that since charge-sheet is already fled, custodial interrogation of the applicant is not required. 4.

Learned APP opposed the said contention by referring to the First Information Report wherein specifc allegations are made against the applicant indicating commission of crime by him as alleged. It is submitted that there is nothing on record to indicate any dispute between the parties over property to assume false implication.

5.

Admittedly, investigation into the crime is over with fling of charge-sheet. The Investigating Agency has not recorded statement of mother-in-law of the informant who was supposed to have been present at the place of incident as narrated in the First Information Report. There is nothing to be recovered at the instance of the

- 3 - applicant. Hence, application is allowed in terms of the interim order.

( R. M. JOSHI) Judge dyb