Allowed

Sunita Sahebrao Khillare v. the State of Maharashtra

Bombay HC13 Feb 2013APPLN/525/2013

Case brief

AI extract

What is this about?

In this oral order, the High Court of Judicature at Bombay, Bench at Aurangabad, confirmed the interim antifacilition protection granted to the Applicant and granted bail upon arrest subject to standard conditions.

What did the court decide?

Interim protection confirmed; release on bail directed upon arrest upon executing bond of Rs. 25,000 with sureties subject to conditions.

Sunita Sahebrao Khillare Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2013)

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cra525.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.525 OF 2013

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Sunita w/o Sahebrao Khillare,
Age-35 years, Occu:Household,
R/o-Keli, Tq-Aundha(N),
Dist-Hingoli.

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...APPLICANT

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 VERSUS

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The State of Maharashtra,
Through Police Station
Aundha Nagnath, Dist-Hingoli.

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...RESPONDENT

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...

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 Shri.A.B. Dhongade Advocate for Applicant.
 Shri.K.M. Suryawanshi, A.P.P. for Respondent.
 ...

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CORAM: P.D. KODE, J.

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 DATE : 13TH FEBRUARY, 2013

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ORAL ORDER :

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1. The learned A.P.P. has opted to argue the
matter without filing say on the basis of the
papers available. Heard.

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cra525.13

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2.By this Application the Applicant prays
for a direction under Section 438 of the Code of
Criminal Procedure in connection with Crime No.60
of 2012 registered with Aundha Nagnath Police
Station, Dist-Hingoli, for offence under Sections
326, 143, 147, 148, 149, 323 and 506 of the Indian
Penal Code. Interim protection is already granted
vide order dated 1st February, 2013.

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3.Taking into account the delay occurred in
lodging F.I.R. and the Applicant having not played
positive role of assaulting to cause injuries, and
the allegation against the Applicant is restricted
to throwing of chilly powder, the Applicant is
lady and no breach of conditions imposed while
granting ad interim directions, is reported,
interim protection granted deserves to be
confirmed.

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explain the delay caused in lodging first
information report by stating that injured first
informant was unconscious for the period of one
month, still having regard to the facts and
circumstances of crime, it is difficult to
perceive any need of custodial interrogation of
the Applicant.

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5.The Investigating Officer of Crime No.60

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of 2012 registered with Aundha Nagnath Police
Station, Dist-Hingoli, is directed that in event
of arrest of the Applicant in connection with said
crime, she shall be forthwith released on bail
upon executing P.R. Bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) with one or
more sureties in the like amount, subject to the
conditions that the Applicant:-

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(i) shall attend the Investigating Officer as and

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when called by him in connection with the

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investigation of the said crime,

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(ii) shall stay at the address mentioned in the
Application and shall not change the same without
permission of the trial Court.

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(iii) shall not, directly or indirectly, make any
inducement, threat or promise to any person
acquainted with the facts of the accusation
levelled against her so as to dissuade them from
disclosing such facts to the Investigating
Officer,

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(iv) shall not misuse the bail granted to her for
committing any other offence and/or fleeing away.

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6.The Application stands disposed of.

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 [P.D. KODE,J.]

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asb/FEB13

Sunita Sahebrao Khillare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sunita Sahebrao Khillare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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