Allowed

Navnath Ramchandra Bhosale and Anr. v. State of Maharashtra

Bombay HC4 Jul 2022ABA/597/2022

Case brief

AI extract

What is this about?

Criminal Appellate Court allowed an application to make interim anticipatory bail absolute. The court held that since offences were mostly bailable and the dispute originated from marital discord which was resolved, custodial interrogation was not warranted.

What did the court decide?

Application allowed; interim anticipatory bail made absolute on execution of PR Bond of Rs.15,000/- each with sureties and adherence to reporting conditions.

Navnath Ramchandra Bhosale and Anr. Vs State of Maharashtra — Anticipatory Bail | Bombay HC (2022)

¶1

 21.ABA.597.2022.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

AARTI Digitally signedby AARTI G G PALKARDate: PALKAR 2022.07.0714:49:08 +0530

¶4

CRIMINAL APPELLATE JURISDICTION

¶5

ANTICIPATORY BAIL APPLICATION NO.597 OF 2022

¶6

Navnath Ramchandra Bhosale & Anr.….Applicants
 Versus
The State of Maharashtra ….Respondent

¶7

Mr. Veerdhaval Kakade for the Applicants.
Ms. M.R. Tidke, APP for the State.

¶8

CORAM : N.J. JAMADAR, J.
DATE : 4th JULY, 2022

¶9

P.C. :

¶10

Heard the learned counsel for the applicants and the learned APP for the state.

¶11

This is an application for pre-arrest bail in connection with CR No.51 of 2022, registered with Vadgaon Police Station, for the offences punishable under Sections 324, 323, 452, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (the “Penal Code”).

¶12

The first informant lodged a report with the allegations that on 04.02.2022 at about 5.30 p.m., his wife Rupali was found speaking with Applicant No.1 - Navnath Bhosale. When the first informant confronted Applicant No.1, he started abusing him on the ground that the informant assaulted Rupali. Rupali allegedly threw chilli powder on the face and head of the first informant. Thereafter in late evening, at about 10.00 p.m., Applicant No.1 and Tushar Lad, brother of Rupali again entered into

¶13

Aarti Palkar 1

¶14

 21.ABA.597.2022.doc

¶15

his house and assaulted him by means of kick and fist blows. Hence, the
report.

¶16

This Court having regard to the aforesaid nature of accusation, was persuaded to direct not to take any coercive steps against the applicants subject to the condition of reporting to the Investigating Officer and cooperating with the investigating agency.

¶17

The learned counsel for the applicant submitted that in the intervening period, the applicant and the first informant have amicably resolved their disputes. The genesis of the alleged occurrence was in the matrimonial dispute between the first informant and his wife. The said matrimonial dispute has also been resolved and the first informant and his wife are cohabiting together. The first informant appeared before this Court. He submitted that the dispute has been resolved.

¶18

I have perused the allegations in the first information report. It appears that the marital discord between the first informant and his wife Rupali was the principal cause for the dispute between the parties. In any event, apart from the offence punishable u/s.452 of the Cr.P.C., rest of the offences are bailable.

¶19

In the aforesaid view of the matter, to facilitate effective investigation, custodial interrogation of the applicant does not seem warranted. I am, therefore, inclined to make the interim order of prearrest bail absolute, on the terms and conditions incorporated therein. Hence, the following order.

¶20

Aarti Palkar

¶21

¶22

 21.ABA.597.2022.doc

¶23

O R D E R

¶24

(i)The application stands allowed.

¶25

(ii)In the event of arrest of the applicants in CR No.51 of
2022, registered with Vadgaon Police Station, they be released
on bail on executing a PR Bond in the sum of Rs.15,000/- each
and one or two sureties in the like amount.

¶26

(iii) The applicants shall not tamper with the prosecution
evidence and/or give threat or inducement to any of the
prosecution witnesses.

¶27

(iv)The applicants shall cooperate with the investigation and
report to the concerned investigating officer as and when
directed.

¶28

(v)The applicant shall regularly attend the proceedings
before the jurisdictional Court.

¶29

(N.J. JAMADAR, J.)

¶30

Aarti Palkar

¶31

Navnath Ramchandra Bhosale and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Navnath Ramchandra Bhosale and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ankush Vasant Shinde Vs State of Maharashtra

Sachin Tukaram Jadhav Vs the State of Maharashtra

Deva Shankar Chavan Vs the State of Maharashtra

Vrushali Sham Kame Vs the State of Maharashtra and Anr.

Suresh Hukmat Rai Jadhwani Vs Union of Inda through Directorate General of GST Intelligenceand Anr.

Ankit Madanraj Sakhriya Vs the State of Maharashtra and Anr.