Bombay High Court
Yogita Ketan Shah @ Yogita Vijay Shelar vs State Of Maharashtra And Anr on 28 July, 2022
Bench: Revati Mohite Dere, Sharmila U. Deshmukh
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2022.07.29
CHITNIS 16:50:40 +0530
8-apeal.712.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.712 OF 2022
Yogita Ketan Shah @ Yogita Vijay Shelar ...Appellant
Versus
State of Maharashtra and Anr. ...Respondents
Mr. Samir Vaidya, for the Appellant.
Mr. V. B. Konde-Deshmukh, A.P.P for the Respondent No.1 - State.
None for the Respondent No.2.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 28th JULY 2022
P.C. :
1. At the outset, learned counsel for the appellant seeks leave
to amend the cause title of the appeal and other consequential
amendments. Leave granted. Amendment to be carried out forthwith.
2. Heard learned Counsel for the appellant.
N. S. Chitnis 1/4
8-apeal.712.2022.doc
3. By this appeal, the appellant seeks pre-arrest bail in
connection with C.R. No.32 of 2022, registered with the Kulgaon
Police Station, Thane (Rural), for the alleged offences punishable
under Sections 354, 329, 323, 504, 506 of the Indian Penal Code and
under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SCST.
Act').
4. Learned Counsel for the appellant submits that the
allegations made by the respondent No.2/first informant as against the
appellant are false and baseless. He submits that the photographs
which are annexed to the appeal will show that it was the respondent
No.2's car, which had come across the appellant's car, which was
driven by the appellant's brother and it is the respondent No.2 who
started the fight/quarrel, with the appellant and her brother and
started abusing them. In support of the said submission, the learned
counsel relied on the photographs which are annexed to the appeal.
N. S. Chitnis 2/4
8-apeal.712.2022.doc
5. Issue notice to the respondents, returnable on 29th
August 2022. Learned APP waives notice on behalf of the respondent
No.1-State. In addition to the Court notice, appellant to serve the
respondent No.2, by private notice and file affidavit of service before
the next date.
6. Learned APP also assures to inform the respondent No.2
through the concerned Officer of the concerned police station of the
aforesaid date.
7. Having heard the learned counsel for the appellant, the
appellant has prima facie, made out a case for grant of interim
protection. Accordingly, in the meantime, till the next date, the
appellant is granted interim protection from arrest in the aforesaid
C.R. on the following terms and conditions :-
ORDER
(i) In the event of the arrest, the appellant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/-, with one or two sureties in the like amount ;
N. S. Chitnis 3/48-apeal.712.2022.doc
(ii) The appellant shall report to the office of the SDPO, on 5 th August 2022, between 10:00 a.m. and 12:00 noon, and thereafter as and when called.
8. Stand over to 29th August 2022.
9. All concerned to act on the authenticated copy of this order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
N. S. Chitnis 4/4