Shobha Nana Kashid And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1924 OF 2024 1.

Shobha Nana Kashid 2.

Vaishnavi Sagar Kashid SHRIKANT SHRINIVAS MALANI 3.

Nana Sitaram Kashid ...Applicants SHRIKANT SHRINIVAS MALANI Date: 2024.08.02 18:48:35 +0530

Versus

The State of Maharashtra

...Respondent

***  Mr. Ranjit Patil a/w B.D. Shinde i/b Ganesh Bhujbal, for Applicants.  Mr. Kiran C. Shinde, APP for Respondent.

 Mr. Milind Mithapalli, PSI, Walchandnagar Police Station. *** CORAM : MANISH PITALE, J.

DATE : 02nd August, 2024.

P. C. :

1.

Heard Mr. Ranjit Patil, learned counsel for the applicants, Mr. Kiran Shinde, learned APP for the respondent - State. 2.

The applicants are 3 accused persons from amongst 17 accused persons in the present case. The applicants are apprehending arrest in connection with First Information Report No.0226 of 2024, dated 31st May, 2024, registered at Police Station Walchandnagar, District Pune (Rural), for the offences under Sections 307, 329, 326, 354, 324, 341, 427, 323, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code (IPC) and Section 135 of the Maharashtra Police Act.

3.

The applicant Nos.1 and 2 are women, who are alleged to have been present at the place and time of the incident, while the applicant No.3 is a 71 years old agriculturist.

4.

Although, the learned APP is opposing grant of any relief in the present application, this Court is inclined to grant interim relief to the applicants, for the following reasons :

(a) Applicant Nos.1 and 2 are women and against them the only allegation is that they were present at the place and time of the incident.

(b) The applicant No.3 is a 71 years old agriculturist and although there is an allegation that the applicant No.3 was present with an iron rod in his hand, which he used to assault to some of the victims, the material on record shows that this is a case of cross-FIRs, wherein the informant in the present case is arraigned as an accused in the cross-FIR. The genesis of the dispute pertains to agricultural land in respect of which a civil proceeding is already pending before the Competent Civil Court.

(c) The learned counsel for the applicants have submitted that if time is granted, appropriate material can be produced with regard to the present health condition of applicant

No.3, who is said to be 71 years old.

5.

In view of the above, the following interim order is passed : (A) Till the next date of listing, in the event the applicants are arrested in connection with FIR No.0226 of 2024, dated 31st May, 2024, registered at Police Station Walchandnagar, District Pune (Rural), for the offences under Sections 307, 329, 326, 354, 324, 341, 427, 323, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code (IPC) and Section 135 of the Maharashtra Police Act, they shall be released on bail, on furnishing PR Bonds of 15,000/- each and ₹ one or two sureties in the like amount.

(B) The applicants shall remain present before the Investigating Officer on 05th August, 2024, between 10:00 a.m. and 12:00 noon and thereafter as and when called by the Investigating Officer.

(C) The applicants shall not in any manner contact the informant or any other person concerned with the informant during the pendency of the present application. (D) The applicants shall not tamper with the evidence in any manner. They shall not influence the informant, witnesses or any other persons concerned with the case.

6.

Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

7.

List the application for further consideration on 28th August, 2024, to be included in the "Supplementary List." (MANISH PITALE, J.)