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Bombay High CourtAPEAL/377/2024allowed

Madhukar Pandurang Adling And ANR v. State Of Maharashtra And ANR

2024-04-10Hon'Ble Shri Justice R. M. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 377 OF 2024 1] MADHUKAR PANDURANG ADLING 2] CHHAYA MADHUKAR ADLING ..APPELLANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Prashant Hagare i/b Adv. Ujjwala S. Khomane for the Appellants.

Mr. S.H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : APRIL 10, 2024 P.C. :

1.

Heard learned counsel for the appellants and learned APP for the State.

2.

By this appeal, the appellants pray for anticipatory bail in connection with C.R. No. 70 of 2024 dated 11/02/2024 registered with Walchandnagar Police Station, Pune, for the offence punishable under Sections 323, 341, 504, 506 read with 34 of the Indian Penal Code and Sections 3(1)(r), 3(1) (s), 3(2)(va) and 6 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1/3

3.

The allegation is that the appellants took up a quarrel with the complainant over some building construction materials which was loaded in a transport vehicle. When the transport vehicle was passing from near the house of the appellants, it is alleged that the appellants assaulted the complainant and abused her in the name of the caste. There is a complaint registered by these appellants against the present complainant on 17/01/2024. The relationship between the parties is strained. According to the learned counsel for the appellants the possibility of the complainant levelling false accusations can not be ruled out. 4.

Issue notice to respondent No.2, returnable on 02/05/2024.

5.

Learned APP to take instructions. In the meantime, the appellants need to be protected by an interim order. 6.

In the event of arrest, the appellants shall be released on bail on their furnishing P.R. Bond of Rs.10,000/- each with one or more sureties in the like amount. 7.

The appellants to attend the Investigating Officer on 15/04/2024 between 11.00 a.m. and 1.00 p.m. and 2/3

thereafter, as and when called.

8.

The appellants to cooperate with the investigation. (M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 10/04/2024 20:05:40