Regular bail application under Section 439 CrPC concerning FIR alleging IPC and MPID Act offences. Court noted the same transactions were the subject of an earlier 2019 FIR in which the applicant was not named, and the informant filed an affidavit stating the FIR arose from misunderstanding. Applicant released on bail with conditions.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.701 OF 2024
Sarika Bapu Sonawane .Applicant
Versus
The State of Maharashtra
.Respondent
Mr. Satyajeet P. Dighe, Advocate, for the Applicant. Mr. P. H. Gaikwad, APP, for the Respondent – State. Mr. Purushottam Shirsath, A.P.I., Jaikheda Police Station, Nasik (Rural), present.
CORAM: MADHAV J. JAMDAR, J. DATE: 26.02.2024
P. C.
are as follows:-
| 1. | C. R. No. | 525 of 2023 |
|---|---|---|
| 2. | Date of registration of F.I.R. | 24.11.2023 |
| 3. | Name of Police Station | Jaikheda Police Station, Taluka – Baglan, District - Nashik |
| 4. | Sections invoked | 406 & 420 of the I.P.C., 1860; 3 & 4 of the M.P.I.D. Act, 2000. |
| 5. | Date of incident | 01.01.2018 to 24.11.2023 |
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| 6. | Date of arrest | 05.12.2023 |
|---|---|---|
| 7. | Date of fling of Charge-sheet | 01.02.2024. |
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he has stated that the F.I.R. has been lodged due to a misunderstanding. Mr. Gaikwad, learned APP submitted that in view of the said Affdavit fled by Mr. Subhash Ahire – informant, an appropriate order may be passed.
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imposing conditions. In view thereof, the following order:-
O R D E R
(a) The Applicant - Sarika Bapu Sonawane be released on bail in connection with C. R. No. 525 of 2023 registered with the Jaikheda Police Station, Taluka – Baglan, District – Nashik on her furnishing P. R. Bond of Rs. 25,000/- with one or two solvent sureties in the like amount.
(b) On being released on bail, the Applicant shall furnish her cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Jaikheda Police Station, Taluka – Baglan, District – Nashik on the frst Sunday of every month between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.
(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
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not contact or infuence the Complainant or any witnesses in any manner.
facie, and the trial Court shall decide the case on its own merits, uninfuenced by the observations made in this order.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Whether the applicant was entitled to regular bail under Section 439 CrPC in a case where the FIR appeared to be registered mala fide on the same allegations as an earlier FIR.
3 provisions across 3 enactments
Sarika Bapu Sonawane
The State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
