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Bombay High CourtABA/1473/2024disposed off

Shubhangi @ Archana Laxman Shingate And ORS v. The State Of Maharashtra

2024-05-28Hon'Ble Shri Justice Manish Pitale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1473 OF 2024 Shubhangi @ Archana Laxman Shingate And Ors ... Applicants Vs.

TALLE SHUBHAM ASHOKRAO The State of Maharashtra ... Respondent TALLE SHUBHAM ASHOKRAO Date: 2024.05.29 13:05:15 +0530 ---------------- Mr. Yash Fadtare a/w Mr. Jaydeep D Mane (Through VC) for the Applicant . Mr. B. V. Holambe Patil, APP for the Respondent/State. Ms. Siddhi Patil i/by Adv. Manisha Devkar, for the Intervenor/Org Complainant.

----------------- CORAM : KISHORE C. SANT, J.

DATE : 28th May, 2024 (VACATION COURT) P.C.:- 1.

Heard the parties. The Applicants have approached this Court seeking bail in the event of arrest in connection with FIR No. 100 of 2024 registered with Karkamb Police Station, Solapur Rural, for the offence punishable under Section 324, 323, 504, 506, 143, 147, 148, 149 of the Indian penal Code and under Section 135 of the Maharashtra Police Act, 1951.

2.

The allegation is that the present Applicants who are all ladies along with other accused persons did not allow the Informant to cultivate the land to the extent of 10 gunthas stating that there is encroachment of 1/3

the said 10 guntha land. On that on the date of incident on 03.04.2024, the other co-accused assaulted the informant with the handle of the axe. No specific role is attributed to this present Applicants. 3.

The learned Advocate for the Applicants thus submits that no custodial interrogation is necessary. The Applicants are ladies no specific allegations is made out.

4.

The learned APP opposes the Application stating that there are serious allegations. Grievous injury is caused to the Informant and prays for rejection of the Application.

5.

The learned Advocate Ms. Patil, informs that she has instructions to file intervention application on behalf of the Informant and opposes the bail application.

6.

At this stage this Court finds that when there is no specific allegations against the applicants and considering that the applicants are ladies they needs to be protected. Hence the following order.

ORDER

a) Issue notice to Respondents, returnable on 18th June, 2024. Learned APP waives notice for Respondent/State. b) Till the next date, in the event of arrest of the Applicants in connection with FIR No. 100 of 2024 registered with Karkamb Police Station, Solapur Rural, for the offence punishable under Section 324, 323, 504, 506, 143, 147, 148, 2/3

149 of the Indian penal Code and under Section 135 of the Maharashtra Police Act, 1951, they shall be released on bail on executing P.R. bond and solvent surety in the sum of Rs.15,000/-.

c) The Applicants shall not try to influence the investigation and co-operate with the investigation officer. The Applicants not to tamper with evidence and not try to pressurize any of the witnesses.

d) The Applicants shall attend the concerned police station as and when called for.

e) The Applicants shall keep informed the concerned Police Station about his residential address, mobile number etc. and other contact details.

(KISHORE C. SANT, J.) 3/3