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Bombay High CourtABA/555/2020allowed

Sunita W/O Pandurang Jadhao And Another v. State Of Mah., Thr. P.S.O. Umarkhed, Tq. Umarkhed, Dist. Yavatmal

2020-09-03Hon'Ble Shri Justice Rohit Baban Deo2 pages

7ldvc aba 1138.2020.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR LD-VC-CRIMINAL APPLICATION (ABA) 1138 OF 2020 Sunita w/o Pandurang Jadhao and another.

V/s State of Maharashtra ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri A.M. Mane, counsel for applicant.

Shri C.A. Lokhande, Addl.P.P. for non-applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 03/09/2020.

Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard.

3.

The applicants-women are apprehending arrest for the offences punishable under Sections 307, 324, 143, 147, 148, 149, 504, 506 of the Indian Penal Code, registered vide crime 265/2020 at Police Station - Umarkhed. The applicants were protected vide order dated 11.08.2020 [CORAM: VINAY JOSHI, J] and were directed to attend the concerned police station every Monday between 10.00 a.m. to 12.00 noon. It is not the case of the prosecution that said condition is breached.

4.

Perusal of the First Information Report reveals that the role attributed to the applicants is non specific and

7ldvc aba 1138.2020.odt 2 general. The First Information Report names as many as 15 members of the family and the possibility of over implications cannot be ruled out. In any event, if the applicants-women are granted pre-arrest bail, there is no possibility of the investigation being impaired. 5.

The applicants have made out the case for exercise of discretion in their favour.

6.

The interim order dated 11.08.2020 is made absolute with the only modification that the applicants shall attend the concerned police station as and when directed by the Investigation Officer.

7.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law. JUDGE rkn