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Bombay High CourtABA/1628/2014anticipatory bail granted

Sandip Nivruti Godse And ORS. v. The State Of Maharashtra

2015-02-24Hon'Ble Smt. Justice S.S. Jadhav3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1628 OF 2014

1. Sandip Nivruti Godse

2. Chandrakant Yashwant Godse .....Applicants

3. Goraksh Jagannath Madane

4. Ganesh Kisan Satre V/s.

The State of Maharashtra ....Respondent Mr. Anand S. Shalgaonkar for Applicants Mr. D. P. Adsule APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : FEBRUARY 24, 2015 PC :

1) Heard learned counsel for the applicants. Learned APP submits that he has not received any instructions from Investigating Officer. This Court proceeds on the basis of documents filed with the application. 2) Applicants herein are apprehending their arrest in crime no. 201 of 2014 registered at Vaduj Police Station for offence punishable under section 354, 452, 392, 323, 504, 506 r/w 34 of Indian Penal Code. It is the case of prosecution that on 30/08/2014, at about 11.00 am, ladies from village Vaduj

2 3.1628.14 aba had assembled near Srinath temple, Vaduj for having a small get together. Saarees were gifted to the women who were present. At that time, complainant i.e. Baby Shamrao Jadhav had walked forward to accept the gift. It is alleged that present applicants had told her blatantly that since she does not belong to their political party, she should not come forward to accept the gift. It is also alleged that she was abused and assaulted by the applicant and others. Thereafter, when she had gone home, applicants had allegedly gone to her house and had abused her in filthy language. At that time, one of the applicants is alleged to have snatched golden Mangalsutra from her neck. They had also threatened her.

3) This court has gone through F.I.R. lodged by Vaishali Ghadge on the same day in respect of the same incident. It prima facie appears that criminal prosecution is an outcome of political dispute. In view of this, applicants deserve pre-arrest bail. However, it is made clear that observations made herein above are prima facie in nature and shall not be considered for quashing of F.I.R., discharge application or at the time of trial.

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O R D E R

(i) Application is allowed.

(ii) In the event of arrest, applicants be enlarged on bail on furnishing P. R. bond in the sum of Rs. 15,000/- each and one or two sureties in the like amount.

(iii) Applicants shall report to the police station as and when called. (iv) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.)