Alka Vinod Mandekar And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1536 OF 2024 Alka Vinod Mandekar & Ors.

...Applicants

Versus

State of Maharashtra & Anr.

...Respondents

Mr. Samay Pawar, for Applicants.

Ms. Rachita Padwal, for Respondent No. 2.

Mr. Mayur S. Sonawane, APP for Respondent No. 1-State. Ms. Asmita Lad, PSI, Warse Malwadi Police Station.

CORAM:

MANISH PITALE, J DATED:

22nd OCTOBER 2024 PC:- 1.

In terms of the order dated 15.10.2024 passed by this Court, the applicants are present in the court.

2.

The learned APP submits that in terms of the interim order dated 14.6.2024, the applicants were indeed present before the Investigating Officer on 20.6.2024. But now it is submitted that thereafter, they were called on two occasions but they did not remain

present before the Investigating Officer.

3.

Learned Counsel appearing for the respondent No. 2 submits that in respect of earlier similar incident, a Writ Petition was filed before this Court for registration of FIR against the applicant No. 2, wherein yesterday, a Division Bench of this Court had directed registration of FIR. It is submitted that since the order is passed yesterday, it may take some time for being uploaded to be produced before this court. Reliance is placed on the said proceedings to contend that the applicants, particularly applicant No. 2 has been harassing the victim in the aforesaid manner and on that ground, it is submitted that the present application deserves to be dismissed.

4.

While granting interim order in favour of the applicants, this Court had noted that there was civil dispute in the backdrop and in any case, the specific allegations appear to be against the applicant No. 2 while applicant Nos. 1 and 3 who are ladies, were said to have been present at the time of the incident.

5.

In view of the above, this application is adjourned for further consideration, to be listed on 18th November 2024, High On Board. 6.

In the mean while, the applicants are specifically directed to appear before the Investigating officer on 25th October 2024 and thereafter, as and when called, they shall continue to cooperate with the investigation.

7.

Respondent No. 2 is granted leave to file additional documents in the light of the aforementioned submissions made before this Court.

8.

The Interim Order shall continue to operate till the next date. (MANISH PITALE,J.) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.10.23 10:13:34 +0530