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Aishwarya Prasanna Bhoir And Anr vs The State Of Maharashtra on 27 August, 2019

aba.1510.19.923.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1510 OF 2019

1. Aishwarya Prasanna Bhoir
2. Subham Devidas Bhamare …Applicants

Versus
The State of Maharashtra …Respondent

Mr. Satyajeet P. Dighe for the Applicants

Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State

CORAM : REVATI MOHITE DERE, J.
TUESDAY, 27th AUGUST 2019
P.C.

1 Heard learned counsel for the parties.

2 By this application, the applicant seeks pre-arrest bail in

connection with C.R. No. 175 of 2019 registered with the Padgha Police

Station, Thane (Rural), for the alleged offence punishable under Section

380 r/w 34 of the Indian Penal Code.

3 The complainant is the husband of the applicant No. 1. The

applicant No. 2 is a younger brother of the applicant No. 1. According to

the complainant, the applicants, without his permission, entered the house

SQ Pathan 1/3

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aba.1510.19.923.doc

and stole jewellery worth Rs. 48,000/- from his house. Learned counsel for

the applicants submits that the applicants are falsely implicated in the

present case, as the applicant No. 1 had prior thereto, lodged an FIR, as

against the complainant under Section 498A of the Indian Penal Code. He

submits that as the applicant No. 1 refused to withdraw the said complaint

lodged by her under Section 498A of the Indian Penal Code against the

complainant, the aforesaid complaint was filed as a counter blast.

4 Learned A.P.P states that pursuant to the interim protection

granted to the applicants, the applicants have attended the police station.

5 Having regard to the nature of allegations and the matrimonial

dispute between the complainant and the applicant No. 1, the interim relief

granted to the applicants vide order dated 11th July 2019 is confirmed on

the following terms conditions :-

ORDER

(i) In the event of the arrest, the applicants be enlarged on bail on

executing P.R. Bond in the sum of Rs.5,000/- each, with one or two

sureties in the like amount;

SQ Pathan 2/3

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aba.1510.19.923.doc

(ii) The applicants to cooperate with the investigating agency.

6 The application is allowed in the aforesaid terms and is

accordingly disposed of.

7 It is made clear that the observations made herein are prima

facie, for the purpose of deciding this application.

8 All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

SQ Pathan 3/3

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