1. Seematai Gulabrao Bengal. v. The State Of Maharashtra.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2894 OF 2016 1.

Seematai d/o Gulabrao Bengal, Age: 23 years, Occ: Service, Tq. & Dist. Washim.

2.

Shantabai w/o Gulabrao Bengal, Age: 50 years, Occ: Household, R/o. Mardi, Tq. Aundha-Nagnath, Dist. Hingoli.

...Applicants versus The State of Maharashtra, Through Police Inspector Kurunda Police Station, District-Hingoli

...Respondent

.....

Mr. Swapnil S. Rathi, Advocate for applicants Mr. A.S. Shinde, A.P.P. for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 8th JUNE, 2016 ORAL ORDER :

Applicant No. 1 is a public servant, working as lady constable in police department at Washim. Applicant No. 2 who happens to be her mother. The complainant is maternal uncle of applicant No.1 and real brother of applicant No. 2. It is claimed by the complainant that the applicants alongwith son Sachin had come to the house of complainant, as the complainant was constructing a house. As share was not given to the applicants, the applicants

-2assaulted the complainant resulting into the complainant suffering grievous injuries. The incident in question took place on 12/05/2016, for which first information report was lodged on 13/05/2016. 2.

There is unexplained delay of one day in lodging the first information report. Applicant No.1 is a public servant. Both the applicants are female and no serious role is attributed to them qua use of weapon.

3.

In my opinion, there is hardly any likelihood that the applicants will run away from the Court process. In view thereof, custodial interrogation of the applicants is also not necessary looking to the nature of allegations. Investigation in the matter is almost complete.

4.

In view of above, it will be appropriate, in my opinion, to grant protection to the applicants. Hence, the following order:- (i) In the event of arrest, the applicants be released on bail in connection with Crime No. 44 of 2016 registered at Kurunda Police Station, District Hingoli, for an offence punishable under Sections 326, 325, 336, 323, 506(2) read with Section 34 of the Indian Penal Code, upon furnishing P.R. bond of Rs.15,000/- with one surety in the

-3like amount, by each of them.

(ii) The applicants shall attend the concerned police station initially on 11th and 12th June, 2016 between 10-00 a.m. and 12-00 noon and thereafter as and when called by the Investigating Officer. 5.

Criminal Application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/08.06.16