Shobha Nana Kashid And ORS v. The State Of Maharashtra

913_ABA1924_24.doc

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

3. Nana Sitaram Kashid ...

Applicants Vs.

State of Maharashtra ...

Respondent Mr. Ganesh Bhujbal a/w. Mr. B. D. Shinde for Applicants. Mr. Kiran C. Shinde, APP for Respondent-State. CORAM : MANISH PITALE, J.

DATE : AUGUST 28, 2024 P.C. :

.

In this application, on 02.08.2024, this Court granted interim relief in favour of the applicants, after specifically recording reasons in paragraph 4 of the said order.

2.

Applicant Nos.1 and 2 are women and the only allegation against them is that they were present at the time of the incident. The allegation against applicant No.3 is that he was present at the time of the incident with an iron rod in his hand. As noted in the order dated 02.08.2024, this is a case of cross-FIRs registered by the rival parties against each other, in the backdrop of a civil dispute pending before the Competent Civil Court in respect of property. Therefore, the genesis can be said to be a property dispute between the parties.

3.

While granting the interim order, this Court has directed the applicants to remain present before the investigating officer on 05.08.2024 and thereafter as and when called by the investigating MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2024.08.28 15:40:31 +0530 officer.

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913_ABA1924_24.doc 4.

The learned counsel for the applicants makes a statement that the applicants were indeed present before the investigating officer and that they have been co-operating with the investigation. There is no material brought to the notice of this Court to dispute the said position. 5.

Considering the fact that the applicant Nos.1 and 2 are women and applicant No.3 is a senior citizen aged about 71 years, this Court is inclined to confirm the interim order by allowing this application. 6.

Accordingly, the interim order dated 02.08.2024 is confirmed and the application is allowed. The applicants shall continue to abide by the directions issued in the said order, including co-operating with the investigation and not tampering with the evidence and further not influencing the informant, witnesses or any other person concerned with the case.

7.

The application is disposed of.

(MANISH PITALE, J.) Minal Parab 2/2