Manisha @ Samir Shirmir Shinde And ANR. v. State Of Maharashtra

33 ABA 125-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 125 OF 2023

1. Manisha @ Samir Shirmir Shinde

2. Samir Udhav Shinde ..Applicants v/s.

The State of Maharashtra .

..Respondents Ms. Vilasini Balasubramanian i/b. Jaydeep Mane for the Applicant. Mr. S.V.Gavand, APP for the State.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 7th AUGUST, 2023.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R.No.758 of 2022 registered with Mohol Police Station for offences under Section 323, 327, 504, 506 r/w. 34 of the Indian Penal Code. 2.

The aforesaid crime was registered pursuant to the FIR lodged by Mahesh Gote. The facts narrated in the FIR, in short, are that the first informant belongs to Pardhi Community. He has lodged the FIR alleging that on 01.09.2022 at about 4.00 p.m. the Applicants and the coaccused abused and threatened him. It is stated that they snatched cash PRASANNA PRADEEP SALGAONKAR of Rs.2000/- from his pocket and a gold chain from his neck. The Applicants and the co-accused are also alleged to have assaulted him and PRASANNA PRADEEP SALGAONKAR Date: 2023.08.08 19:57:37 +0530 SALGAONKAR

33 ABA 125-23.doc threatened to cause his death.

3.

Considering the fact that there is previous dispute between the parties over right of way and that the Applicant No.1 has also filed FIR against the first informant, this Court, by order dated 13th July, 2023 granted interim bail to the applicant. Learned APP states that pursuant to the said order, the applicant has reported to the Investigating Officer and he has been interrogated. The presence of the applicant is not required for custodial interrogation.

4.

Considering the facts and circumstances of the case, and the reasons stated in the order dated 13.07.2023, interim relief stands confirmed. Applicant to report to the Investigating Officer as and when called for.

.

Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) SALGAONKAR