Anita Manik Jagdale v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 70 OF 2025 Anita Manik Jagdale ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Chinmay Patil i/b Mr. Abhijit Kulkarni, Advocate for the Applicant. Mr. C. D. Mali, A.P.P. for the Respondent - State. Mr. Shrihari Ramu Ghodake(H.C.), Pangari Police Station, Solapur, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
17th JANUARY, 2025.
P.C.
:
1.
This is an application for anticipatory bail. 2.
The applicant is apprehending her arrest in Crime No. 208 of 2024 registered at Pangari Police Station, Solapur Rural, for the offences punishable under Sections 118(1), 119(1), 115(2), 352, 351(2), 351(3), 189(2), 191(2), 191(3) and 190 of the Bhartiya Nyaya Sanhita, 2023.
3.
According to the prosecution, on the date of incident which took place on 16.11.2024, dispute arose between the parties, on account of issue in relation to encroachment of
land and during the said dispute the present applicant and other co-accused assaulted the complainant and her family members by axe etc.
4.
I have heard the learned counsel for the parties and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant submits that in the incident in question the applicant and her family members were assaulted and there is a cross FIR to that effect lodged by the applicant. It is submitted that the applicant is aged about 65 years. It is submitted that nothing is to be recovered from the applicant and therefore there is no need of custodial interrogation. It is submitted that considering the overall facts and circumstances, the applicant be released on anticipatory bail.
6.
On the other hand, the learned A.P.P. for the Respondent-state submits that during the course of incident certain gold ornaments which were on the person of the complainant were snatched. It is submitted that the custodial interrogation of the applicant is necessary for the recovery of said gold ornaments.
7.
The genesis of the crime appears to be some civil dispute between the parties. The injuries are simple in nature. Even otherwise the said injuries are not attributed to the present applicant. There is cross FIR in relation to the incident in question. Considering the overall facts, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.
ORDER
(i) Anticipatory Bail Application is allowed;
(ii) In the event of arrest of the applicant in connection with Crime No. 208 of 2024 registered at Pangari Police Station, Solapur Rural, for the offences punishable under Sections 118(1), 119(1), 115(2), 352, 351(2), 351(3), 189(2), 191(2), 191(3) and 190 of the Bhartiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall cooperate with the investigation.
(iv) Anticipatory Bail Application stands disposed of accordingly.
(N. R. BORKAR, J.)