Bombay High Court
Jannat Najir Shikalgar vs The State Of Maharashtra on 9 January, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
Gokhale 1 of 3 8-aba-39-24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 39 OF 2024
Mrs. Jannat Najir Shikalgar ..Applicant
Versus
The State of Maharashtra ..Respondent
_____
Mr. Ali Kaashif Khan Deshmukh a/w. Hitanshi Gajaria for
Applicant.
Ms. Mahalakshmi Ganapathy, APP for State/Respondent.
_____
CORAM :- SARANG V. KOTWAL, J.
DATE :- 9 JANUARY 2024
P.C. :-
1. The Applicant is seeking anticipatory bail in connection
with C.R.No. 657 of 2023 registered at Dehu road Police Station,
Pimpri-Chinchwad, on 08.12.2023, under Sections 304(2), 285,
286, 337 and 338 of the Indian Penal Code and under Sections 5
and 9-B of the Explosives Act, 1884.
2. The F.I.R. is lodged by the Fire Brigade Officer attached
to Talawade center. The F.I.R. is in respect of a blast which had
taken place on 08.12.2023 at Jyotiba Nagar. In the incident, 14
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persons died and some were seriously injured. There was a factory
for making the sparkle candles where the blast had taken place.
The applicant was the owner of the land where the factory was
situated. The F.I.R. was lodged against the applicant, her husband
and the owner of the factory.
3. Learned counsel for the applicant submitted that the
applicant had given that land on leave and license basis vide an
Agreement dated 27.06.2023 for a period of three years. There are
specific averments in the agreement that the licensee was not to
carry out any business illegally. The said premises were to be used
for engineering purpose and all the requisite licenses were to be
obtained by the licensee. He, therefore, submitted that, if there is
any lapse on the part of the licensee, which had led to commission
of the offence, the applicant cannot be held responsible. He further
submitted that the applicant is suffering from paralysis and
suspected tuberculosis, therefore, her custodial interrogation is not
necessary.
4. Learned APP seeks time to take the instructions
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regarding the nature of licenses required for the said business and
also to verify the medical condition of the applicant.
5. At her instance, today I am adjourning the matter.
However, considering the submissions made by the learned counsel
for the applicant, she can be protected by way of ad-interim relief.
6. Hence, the following order.
ORDER
i) In the event of her arrest in connection with C.R.No. 657 of 2023 registered at Dehu road Police Station, Pimpri-Chinchwad, till the next date, the Applicant be released on bail on her executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
ii) This order shall operate till 06/02/2024.
iii) The Applicant shall cooperate with the investigation.
iv) Stand over to 06/02/2024.
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