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
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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;
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(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.
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