Shobha Chandrakant Chavan v. The State Of Maharashtra And Another

952-ABA-844-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.844 OF 2023 SHOBHA CHANDRAKANT CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. C. C. Deshpande APP for Respondents: Mr. S. N. Morampalle ...

CORAM:R.M. JOSHI, J DATE :JUNE 15, 2023 PER COURT :

1.

Applicant is lady. She apprehends arrest in connection with Crime No. 88 of 2023 registered with Chalisgaon Road Police Station, Dist. Dhule for the offences punishable under Sections 307, 143, 147, 148, 149, 427, 323, 504, 506 of Indian Penal Code and Sections 4/25 of the Arms Act and Section 37(1)(3) and 135 of Maharashtra Police Act.

2.

Perusal of the FIR shows that except for the statement that the incident in question has occurred in the courtyard of the house of present Applicant, there is absolutely no other allegation in order to show that Applicant was a party to the said crime. Apart from the fact that she did not commit any overtact, there is

952-ABA-844-2023.odt nothing on record to indicate that present Applicant had called informant/injured to her house. In absence of any evidence to connect her with crime only for the reason the incident has occurred in the courtyard of the Applicant, her involvement in the crime cannot be presumed.

3.

Hence, application stands allowed in terms of interim order dated 30th May, 2023.

(R.M. JOSHI, J.) Malani