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Sanjay Paulas Pandit vs The State Of Maharashtra on 5 March, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL ANTICIPATORY BAIL APPLICATION NO.542 OF 2019

Sanjay Paulas Pandit Applicant
versus
The State of Maharashtra Respondent

AND
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.543 OF 2019

Yogesh Suresh Muntode Applicant
versus
The State of Maharashtra Respondent

AND
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.544 OF 2019

Rahul Namdeo Jadhav Applicant
versus
The State of Maharashtra Respondent

Mrs.Yashoda Jondhale I/by Jondhale Co. for applicants.
Mr.S.R.Agarkar, APP, for State.
Mr.Ganesh P. Phad, PSI, Dindoshi Police Station, present.

CORAM : PRAKASH D. NAIK, J.

DATE : 5th March 2019
PC :

1. The applicants are apprehending arrest in CR No.85 of 2019
registered with Dindoshi Police Station, Mumbai for offences under
Sections 498A, 376D, 406, 323, 504 r/w 34 of Indian Penal Code.

2. The applicant in ABA No.542 of 2019 and ABA No.544 of 2019
are brother-in-law of the complainant whereas applicant in ABA
No.543 of 2019 is husband. The FIR was lodged on 19 th February

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2019. The applicants had preferred an application for anticipatory
bail before Sessions Court, which was rejected. However, the
application preferred by other accused was granted. The FIR was
lodged against seven persons. The marriage of complainant was
solemnized on 28th May 2017 with applicant in ABA No.543 of 2019.
It is alleged that the complainant was harassed by the family of her
husband. The relatives of her husband used to visit the matrimonial
home of complainant on week ends and even they used to participate
in the harassment. It is alleged that on 16 th September 2017, the
husband of complainant (applicant in ABA No.543 of 2019) had
forceful physical relationship with the complainant and he was
joined by applicant in ABA No.544 of 2019. The advocate for
applicant submitted that the complainant had stayed with her
husband in the matrimonial home for a period of about five months
and thereafter she has left and started residing with her parents.
Apparently it appears that the incident of sexual assault had occurred
in September-2017. There is no complaint in respect to the said
incident. The FIR has been lodged on 19 th February 2019. The
complainant has also alleged that ornaments belonging to her are
retained by the accused. It is noted that the dispute arises out of
matrimonial discord between parties. The FIR has been lodged
against several persons.

3. Considering the above circumstances, custodial interrogation
of the applicants is not necessary. They can be directed to attend the
investigating officer and co-operate in the investigation.

4. Hence, I pass following order :

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ORDER

(i) Criminal Anticipatory Bail Application Nos.542 of 2019, 543 of
2019 and 544 of 2019 are allowed and disposed off;

(ii) In the event of arrest of applicants in these applications in
connection with CR No.85 of 2019 registered with Dindoshi Police
Station, they be released on bail on furnishing PR bond in the sum of
Rs.20,000/- each with one or more sureties in the like amount;

(iii) The applicants shall report the investigating officer of Dindoshi
Police Station on 11th 12th and 13th March 2019 between 11 am and 1
pm and thereafter as and when called for till filing of charge sheet.

(PRAKASH D. NAIK, J.)
MST

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