Sunita Mahadev Pol v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2065 OF 2021 Sunita Mahadev Pol ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Makrand Kale with Mr.Kishor Ajetrao i/b Ms.Anupama Kolekar for the Applicant.

Ms.A.A.Takalkar, APP for the State.

P.N. D.B.Bhosale attached to Sangola Police Station present. ...

CORAM: BHARATI DANGRE, J.

DATED : 03rd SEPTEMBER,2021 P.C:- 1.

The Applicant is apprehending her arrest in C.R.No.110 of 2021 registered with Sangola Police Station, which invoke the offence punishable under Sections 353, 332, 504, 506 read with Section 34 of the Indian Penal Code (for short, "IPC"). 2.

The said complaint is lodged at the instance of the complainant, working as Technical Wireman in MSCB and who is assigned with the duty of recovery of the amount pending towards use of electricity and ascertainment of theft of electricity.

On 23/01/2021, when he had been to the village Gherdi in discharge of his duties and approached the house of one

2/3 7 ABA-2065-21.doc Mahadev, who is the husband of the Applicant, in regard to the pending amount towards use of electricity and noted that there was discrepancy in the reading of the electric meter, it is alleged that the accused persons created a ruckus and indulged into an act which created an obstruction in discharge of offcial duties. In the wake of the aforesaid allegations, the crime came to be registered.

3.

As far as the present Applicant is concerned, she has not been assigned any specifc role in the act though her husband is alleged to have assaulted the complainant resulting in an injury on his left thumb. In the wake of the accusations faced by the Applicant, no custodial interrogation is warranted and the Applicant is entitled for protection, in the event of arrest. Hence the following order.

: ORDER :

(a) The application is allowed.

(b) In the event of arrest in C.R.No.110 of 2021 registered with Sangola Police Station, Applicant - Sunita Mahadev Pol shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(c) The applicant shall make herself available as and when required by the Investigating Offcer. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any

3/3 7 ABA-2065-21.doc person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with the prosecution evidence.

( SMT. BHARATI DANGRE, J.)