Bombay High Court
Mrunal Kiran Patil vs The State Of Maharashtra on 28 June, 2022
Author: N. J. Jamadar
Bench: N. J. Jamadar
22-aba-517-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VISHAL ANTICIPATORY BAIL APPLICATION NO.517 OF 2022
SUBHASH
PAREKAR
Digitally signed by
Mrunal Kiran Patil ...Applicant
VISHAL SUBHASH
PAREKAR
vs.
Date: 2022.07.26
16:20:21 +0530
The State of Maharashtra ...Respondent
Mr. Sachin Deokar, for the Applicant
Mr. P.H. Gaikwad, APP, for the State.
CORAM : N. J. JAMADAR, J.
DATE : JUNE 28, 2022
P.C.:
1. This is an application for pre-arrest bail in connection with
C.R. No.4 of 2022 registered with Warje-Malwadi police station,
Pune for the offences punishable under sections 323, 353 and 504
of Indian Penal Code, 1860.
2. Ms. Sushma Gholve, a Woman Police Constable, who was
attached to Damini Marshall Squad at Warje-Malwadi police station
lodged a report with the allegations that on 2nd January, 2022 the
applicant had been to Karve Nagar police station and created
ruckus. The applicant had came to the police station along with her
mother Sanjana Patil to lodge a report against her neighbours.
Police officer asked the applicant to wait as he was recording the
report lodged by one Sunita Dalvi. The applicant left Karve Nagar
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police station and went to Warje police station and lodged report. As
the applicant was creating huge commotion, the first informant
asked her to behave. Retorting the applicant questioned the
authority of the first informant, abused her and pulled her hairs.
The applicant allegedly slapped the first informant. The applicant
abused API. Raikar, as well. Hence, the first informant lodged
report.
3. By an order dated 20th February, 2022 this Court was
persuaded to grant interim pre-arrest bail. It was noted that a
submission was made on behalf of the applicant that the applicant
and her mother were assaulted by the police personnel in the police
station.
4. I have heard Mr. Sachin Deokar, learned counsel for the
applicant and Mr. Gaikwad, the learned APP, for the State. I have
also perused the investigation papers.
5. The learned counsel for the applicant invited attention of the
Court to the photographs which indicate that the applicant and her
mother had sustained injuries. In contrast, the learned APP invited
attention of the Court to CCTV footage which show that the
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applicant and the first informant were engaged in a dual.
6. The learned APP submitted that there are statements of the
police personnel as well as independent witnesses which clearly
indicate that the applicant used criminal force in order to prevent a
public servant from discharging her official duty. Therefore, the
applicant does not deserve the exercise of discretion in her favour.
7. I have given anxious consideration to the aforesaid
submission. It appears that the applicant and her mother insisted
for recording of report against their neighbours, first in point of
time. As the report of the neighbour of the applicant, with whom the
applicant and her family allegedly had a quarrel, was being
recorded first, there was a flare up. Indisputably, the CCTV footages
show that there was, in a sense, a fisticuffs. At the same time, there
are photographs which indicate that the applicant and her mother
sustained injuries.
8. It is pertinent to note that having regard to the nature and
place of occurrence, with the collection of CCTV footages and
recording of the statement of police personnel and other persons
who were present thereat, the investigation would be complete for
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all intent and purpose. The incident appears to have occurred at the
spur of the moment. It does not appear to be a case of per-mediated
attack on a public servant. Custodial interrogation of the applicant
does not seem to be warranted. The applicant has a counter version
which competes in probability.
9. For the aforesaid reasons, at this length of time, I do not find
any justifiable reason to decline to confirm the order of pre-arrest
bail.
Hence, the following order.
ORDER
1] The application stands allowed.
2] The order of interim pre-arrest bail dated 28th February, 2022, stands confirmed on the terms and conditions incorporated therein.
3] In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.
(N. J. JAMADAR, J.)
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