Sangeeta Ashok Ghatage v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.658 OF 2019 Smt. Sangeeta Ashok Ghatage .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr. Vijay Killedar for Applicant.

• Mr. Prashant Jadhav, APP for the State/Respondent. • Shahajan A. Pathan, HC 1087, Hatkanagale p.stn., Kolhapur is present.

CORAM : SARANG V. KOTWAL, J.

DATE : 11th JUNE, 2019 P.C. :

1.

The applicant is seeking anticipatory bail in connection with C.R.No.I 179 of 2018 registered with Hatkanagale Police Station, Kolhapur, under sections 324,326,354,323,504 and 506 r/w. 34 of the Indian Penal Code.

2.

The F.I.R. is lodged by one Shivaji Khondre on 23/06/2018. He has stated that in the morning on that day, he was sitting near Ganesh Chowk, at that time, accused Abhijit Ghatge passed from the road, there was some exchange of words. Abhijit got angry and came back with his parents. The present V.B.GOKHALE

2 / 3 applicant is Abhijit's mother. Abhijit was having something in his hand and with that he gave two blows to the first informant. The report also mentioned that informant's son Shantinath was also assaulted by Abhijit. The role attributed to the present applicant is that she, along with her husband assaulted one Malubai with kick and fist blows. Besides this, there is no allegation against the present applicant.

3.

Heard learned counsel Mr. Vijay Killedar for Applicant and Mr. Prashant Jadhav, APP for the State/Respondent. 4.

Learned APP has produced medical certificate, in respect of the first informant Shivaji, which shows that there were two wounds on the chest which were described as simple with minor dimensions. Learned APP on instruction further submitted that Shantinath was not admitted in the hospital, therefore, there was no injury certificate. In any case, the role attributed to the present applicant is very minor and she is supposed to have assaulted one Malubai with kicks and fist blows. In this backdrop, custodial interrogation of the present applicant is not necessary. She deserves anticipatory bail.

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Hence, the following order :

ORDER

(i) In the event of arrest of applicant in connection with C.R. No.I 179 of 2018 registered with Hatkanangale Police Station, Dist. Kolhapur, the applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.25,000/­ (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(ii) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)