Allowed

Waman Namdeo Desale v. the State of Maharashtra

Bombay HC22 Mar 2021ABA/310/2020

Case brief

AI extract

What is this about?

The High Court allowed two anticipatory bail applications filed by a husband and his mother-in-law in connection with a domestic offence. The complainant was present in court and stated she is residing with her husband. The court held custodial interrogation was unnecessary and confirmed the interim order.

What did the court decide?

Anticipatory bail applications allowed; interim order confirmed; release on bail upon arrest with Rs. 25,000 bond per applicant and sureties.

Waman Namdeo Desale Vs the State of Maharashtra — Domestic Violence | Bombay HC (2021)

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rpa 1/3 6 aba 310 426 2020(2).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.310 OF 2020

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Waman Namdeo Desale .. Applicant Versus State of Maharashtra .. Respondent

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…...

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Mr.A.S. Pandire i/b. Mr.A.R.Pitale, Advocate for the Applicant. Ms.Sangita Sharad Desale, Complainant present in Court. Mr.M.R. Tidke, APP for the Respondent – State.

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…...

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WITH ANTICIPATORY BAIL APPLICATION NO.426 OF 2020

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Vanita Waman Desale .. Applicant Versus State of Maharashtra .. Respondent

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…...

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Mr.Dheeraj Panchange, Advocate for the Applicant. Mr.M.R. Tidke, APP for the Respondent – State.

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…...

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CORAM : PRAKASH D. NAIK, J.

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DATED : MARCH 22, 2021.

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P.C. :

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The applicants in both the applications are apprehending arrest in connection with C.R.No.3 of 2020, registered with Kinhavali Police Station, Thane Rural, for the offences punishable under Sections 498-AA, 32- and 323 of Indian Penal Code (“IPC”, for short). The applicant in ABA 426 of 2020 is

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021

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rpa 2/3 6 aba 310 426 2020(2).doc

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the mother–in–law and applicant in ABA 310 of 2020 is the father–in–law of the complainant.

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2 First Information Report (“FIR”, for short) was lodged on 3^rd January, 2020. The marriage of the complainant was solemnized with son of applicant on 30^th April, 2017. It is alleged that the accused had abused and assaulted the complainant. The relatives of the complainant had visited the house of the accused who advised them not to cause harassment to the complainant. She was abused and mentally tortured. On 13^th December, 20198, phenyl was administered to complainant. The FIR was lodged on 3^rd January, 2020.

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3 Learned advocate for the applicants, on instructions, submits that there is reconciliation amongst the parties and the complainant is residing with her husband. The complainant is present in Court. She stated that she is residing with her husband. The applicants were granted interim protection.

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4 Considering the aforesaid circumstances, custodial interrogation of the applicant is not necessary. Interim order dated 5^th February, 2020, deserves to be confrmed.

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5 Hence, I pass the following order:

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021

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rpa 3/3 6 aba 310 426 2020(2).doc

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:: O R D E R ::

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(i) Anticipatory Bail Application Nos.310 and 426 of 2020, are allowed;

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(ii) Interim order dated 5^th February, 2020, is confrmed;

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(iii) In the event of arrest of the applicants in connection with C.R.No.3 of 2020, registered with Kinhavali Police Station, Thane Rural, the applicants be released on bail on executing P.R. Bond in the sum of Rs.25,000/A, each, with one or more sureties in the like amount;

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(iv) Anticipatory Bail Application Nos.310 and 426 of 2020, stand disposed of accordingly.

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( PRAKASH D. NAIK, J.)

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021

Waman Namdeo Desale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Waman Namdeo Desale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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