The High Court of Bombay granted anticipatory bail to applicants in a counter-blast FIR alleging theft and assault, releasing them on PR bond upon cooperation with investigation.
In the event of arrest in C.R. No. 204/18, applicants to be released on PR bond of Rs. 25,000/- each with one or two sureties and attend police station.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
11-ABA 1026-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1026 OF 2019
Jyoti Dnyandev Sabale and Ors. ...Applicants Vs. State of Maharashtra ...Respondent
CORAM : SARANG V. KOTWAL, J. DATE : 7th AUGUST, 2019
P.C. :
She has stated in her FIR that on 27th June 2018 at about 8.00
p.m. when she was present in her house alongwith her sister-in-
law and mother-in-law, the present applicant nos. 1 and 2 alongwith one Sheetal Sable entered their house. They started abusing and threatening the first informant and others. The
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11-ABA 1026-19.odt
applicant no. 2 assaulted her and others with kicks and fist blows. Sheetal Sabale removed a golden chain weighing two tolas worn by the first informant and applicant no. 2 took Rupees Fifteen Thousand which were kept on table. At that time, applicant no. 3 came there and gave a blow with iron rod on the leg of the first informant. Thereafter, all of them went away by closing the door from outside. At 11.30 a.m., informant's niece Seema opened the door and thereafter this FIR was lodged.
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He further submitted that, in any case, no role is attributed to the applicant no. 3 of removing cash or golden chain. The golden chain was allegedly removed by Sheetal Sabale. She was arrested and subsequently was released on bail. No major role is attributed to the present applicants.
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11-ABA 1026-19.odt
station. Hence, the following order:-
ORDER
(I) In the event of their arrest in connection with C.R. No. 204/18 registered at Walchandnagar Police Station, Pune, the Applicants are directed to be released on bail, on their furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties each in the like amount.
(ii) Applicants shall attend the concerned police station as and when called and shall co-operate with the investigation. (iii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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2 issues framed by the court
Whether to grant anticipatory bail to applicants in a case of allegedthiefing and assault filed as a counter-blast.
Whether the possibility of false implication can be considered given the existence of a prior FIR and enmity.
Jyoti Dnyandev Sabale and Ors.
State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
