Allowed

Manikrao Marotrao Bharose and Anr. v. the State of Maharashtra

Bombay HC1 Jul 2021ABA/438/2021

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application filed by two applicants, one accused of assault with intent to kill and his wife. The wife was granted bail confirming a previous ad-interim order.

What did the court decide?

Complaint dismissed. Ad-interim anticipatory bail granted to applicant No.2 is confirmed with same terms. Applicant No.1 granted anticipatory bail.

Manikrao Marotrao Bharose and Anr. Vs the State of… — Domestic Violence | Bombay HC (2021)

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920.ABA.438.21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.438 OF 2021

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 1] MANIKRAO MAROTRAO BHAROSE

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2] SHARMILA MANIKRAO BHAROSE
VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicants : Mr. Salunke Sudarshan J.
APP for Respondent/State : Mr. S.B. Narwade

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CORAM: MANGESH S. PATIL, J.
DATE: 01.07.2021

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PER COURT :

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This is an application under Section 438 of the Code of Criminal
Procedure as the applicants are apprehending arrest in connection with
Crime No.29/2021 of Tadkalas Police Station, District Parbhani for the
offence punishable under Section 307, 504 read with Section 34 of the
Indian Penal Code.

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2.Unfortunately, the dispute between the brothers on account of
mother’s land has escalated to the extent that applicant No.1 is stated to
have assaulted his brother informant with an axe on the vital part like head
causing him grievous injuries, inflicted with intent to kill him.

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3.I have carefully heard the learned advocate for the applicant as
also the learned APP and perused the papers of the investigation and
particularly the medical papers.

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4.After this Court expressed its disinclination to grant anticipatory
bail to the applicant No.1 on merits, his learned advocate, on instructions,
seeks leave to withdraw the Application to his extent.

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920.ABA.438.21.odt

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5.Applicant No.2 happens to be the wife of the applicant No.1.
The FIR alleges that while the applicant No.1 and the 3rd accused where
assaulting the informant she was also present but prevented the sons of the
informant to rescue him. Pertinently there are no allegations about she
having taken part in carrying out the assault.

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6.It is pertinent to note that the dispute between the brothers has
been a long standing dispute on account of their right to cultivate a piece of
land standing in the name of their mother. Even there is a counter FIR as
also several other non-cognizable reports filed at the instance of the
applicant No.1.

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7.Whatever may be the dispute, the fact remains that going by the
allegations in the FIR, the applicant No.2 is not attributed with any role in
carrying out the assault.

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8.The applicant No.2 is a woman who has already been granted
ad-interim anticipatory bail by the order dated 28.04.2021 with usual
conditions and there are no allegations about she having disobeyed the
conditions. The weapon is to be seized from the applicant No.1. The 3rd
accused has been granted anticipatory bail by the learned Additional
Sessions Judge. Consequently even the applicant No.2 is entitled to
anticipatory bail.

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9.The Application is allowed. The ad-interim anticipatory bail
granted by the order dated 28.04.2021 stands confirmed with the same
terms and conditions.

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 (MANGESH S. PATIL, J.)

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habeeb

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Manikrao Marotrao Bharose and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Manikrao Marotrao Bharose and Anr. 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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