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Judgments of Supreme Court of India and High Courts

Hirabai Shivaji Nakure And Ors vs The State Of Maharashtra on 27 March, 2019

ppn 1 905.aba-741.19 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.741 OF 2019

Sou. Hirabai Shivaji Nakure Ors. .. Applicants
Vs.
State of Maharashtra .. Respondent


Mr.Rahul Kate for the applicants.
Mr.A.R. Kapadnis, APP for respondent-State.
Mr.S.B. Magar, Head Constable, Natepute Police Station, Solapur.

CORAM : P.N. DESHMUKH, J.
DATE : 27th March 2019

P.C.:

. Issue notice. Learned APP waives service for respondent-

State. Investigating officer is present. Perused case diary.

2. Applicants are mother-in-law and sisters-in-law of

complainant Ashwini Nakure. Report is dated 7th February 2019. Case

diary contains one medical report of complainant dated 16 th January 2019

finding said document on record, specific query was put to. Learned

APP, who on instructions, makes a statement that prior to lodging of

report, Ashwini was admitted in hospital by her father and upon hospital

authorities having informed to police about her admission, she was

medically examined of which medical report is on record. Said report

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certifies complainant to have sustained simple injuries. On instructions,

it is further stated by learned APP that before lodging of report dated 7 th

February 2019 from incident on 16 th January 2019, there was settlement

talks in progress between complainant’s family members with applicant

and his family members.

3. In view of above facts, it is thus prima facie found that

report came to be lodged belatedly as there was no settlement arrived at.

Admittedly husband is released on bail by trial Court who as per report

is attributed to have assaulted complainant by stick and had also

attempted to strangulate her while applicant no.1 is stated to have

manhandled her. Though role is attributed to applicant nos.2 and 3 on

the day of incident on 16th January 2019 having considered the facts

aforesaid, applicants are protected by interim directions as per order

below :-

ORDER

(i) In the event of arrest of applicants in C.R. No.43 of 2019 registered

with Natepute Police Station for the offences punishable under Sections

498A, 324, 323, 504, 506 read with 34 of IPC, they shall be released on

bail on their executing P.R. Bond in the sum of Rs.15,000/- each with

one surety each in the like amount;

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(ii) While on bail, applicants shall mark their presence with

investigating officer for two days on 1st April 2019 and 2nd April 2019

between 10.00 a.m. to 1.00 noon and thereafter as and when called till the

adjourned date and shall co-operate with investigation;

(iii) Stand over to 15th April 2019.

P.N. DESHMUKH, J.

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