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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ppn 2 905.aba-741.19 .doc
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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