Aruna Wd/O Chattrapati Wankhede v. State Of Mah., Thr. Pso Arvi Tq Arvi Dist Wardha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.775/2019 Aruna wd/o Chattrapati Wankhede ..vs..

State of Mah., thr. PSO Arvi, Taluka Arvi, District Wardha. ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri M.V.Rai, Counsel for the Applicant.

Shri P.S.Tembhare, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : NOVEMBER 28, 2019.

1.

Heard learned counsel Shri M.V.Rai for the applicant and learned Additional Public Prosecutor Shri P.S.Tembhare for the State. Also, perused reply filed on behalf of the State.

2.

The applicant is apprehending her arrest in connection with Crime No.712/2019 registered with Arvi Police Station, District Wardha for offences under Sections 307, 143, 144, 147, 148, 149, 323, and 324 of the Indian Penal Code.

1.

For incident dated 18.9.2019 two First Information Reports were lodged with Arvi Police Station. Crime No.712/2019 was lodged by Anil Shamraoji Pawar. Whereas, Crime No.713/2019 was lodged by present applicant.

2.

Statement of Anil Pawar, was recorded on .....2/-

18.9.2019, which shows that prior to two months of incident the applicant made some construction by making encroachment and, therefore, dispute arose between them. Wife of complainant Anil lodged a report against the applicant in police station and crime was registered. Subsequently, the applicant lodged a report against Anil' s son on the basis of which crime was registered against him. Registration of crime against the son of Anil was also published in a newspaper. According to statement of Anil recorded on 18.9.2019, therefore, Anil went in front of house of the applicant to make enquiries as to why she lodged report against his son, which resulted into fight between the complainant party and accused party. 3.

This Court has already released son of the present applicant on anticipatory bail after considering both First Information Reports which were placed before this Court for consideration. Role attributed to the applicant is identical to that of Shrawan. In addition to the said, the applicant is a woman.

4.

In this view of the matter, I pass following order:

ORDER

(a) The criminal application is allowed.

(b) In the event of arrest of applicant-Aruna wd/o Chattrapati Wankhede, in connection with Crime No.712/2019 registered with Arvi Police Station, District .....3/-

Wardha for offences under Sections 307, 143, 144, 147, 148, 149, 323, and 324 of the Indian Penal Code, the applicant be released on bail on she executing a P.R.Bond in the sum of Rs.5000/- with one solvent surety of the like amount. With this , the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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