Bombay High Court
Purnima Ramashankar Yadav And Anr vs The State Of Maharashtra on 19 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
Darshan Patil 920-aba-3235-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3235 OF 2022
1. Purnima Ramashankar Yadav
2. Avinash Ramashankar Yadav
@ Pannelal Ramashankar Yadav ..Applicants
VS.
The State of Maharashtra ..Respondent
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Pravin Naik a/w Kalyani Kabra for the Applicants.
Mr. S. H. Yadav, APP for the State.
A.P. Kisane, API, Malad Police Station is present.
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CORAM : M. S. KARNIK, J.
DATE : JANUARY 19, 2023
P.C. :
1. Heard learned counsel for the applicants and learned
APP for the State.
2. While granting interim protection to the applicants,
following order came to be passed by this Court on
21/11/2022. The order reads thus:
"1. Heard learned counsel for the applicants.
2. This is an application for pre-arrest bail. The
applicants are apprehending arrest in connection
with First Information Report ("FIR", for short) No. 628
dated 13/05/2022 registered with Malad Police
Station for the offences punishable under sections
380, 452, 323, 506, 427, 34 of Indian Penal Code,
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1860 ("IPC", for short).
3. The first informant is related to the applicants-
accused. From the reading of FIR, it appears that
there is some property dispute between the parties.
Prior to the filing of this FIR, the applicant no.1 filed
FIR against the first informant herein on 11/05/2022
under sections 354, 509, 506, 34 of IPC. Thereafter,
the present FIR came to be filed by the informant.
The first informant has made an allegation that the
accused stolen certain gold ornaments which the
informant found missing. He further alleged that a
sum of Rs.1,50,000/- has been stolen.
4. Looking at the allegations and counter allegations
of the parties, learned APP to seek instructions from
the Investigating Officer. List the matter on
05/12/2022.
5. In the meantime, in the event of arrest of the
applicants in connection with FIR dated 13/05/2022
registered with Malad Police Station, the applicants -
Purnima Ramashankar Yadav and Avinash
Ramashankar Yadav be released on bail on their
furnishing P.R. Bond in the sum of Rs.25,000/- each
with two or more sureties in the like amount.
6. The applicants shall report to the concerned Police
Station on every Monday, Wednesday and Friday
between 11.00 a.m. and 1.00 p.m. till next date.
7. The applicants shall not tamper with the evidence
or give threat or inducement to any of the
prosecution witnesses.
8. The applicants to co-operate with the Investigating
Officer."
3. Learned APP submits that the applicants have
cooperated in the investigation and attended the
Investigating Officer.
4. Considering the nature of the accusations and the
counter allegations of the parties against each other who
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are related to each other, the interim protection deserves to
be confirmed. Hence, the following order.
ORDER
(a) In the event of arrest of the applicants in connection with First Information Report No. 628 of 2022 registered with Malad Police Station, applicant no. 1- Purnima Ramashankar Yadav and applicant no. 2- Avinash Ramashankar Yadav @ Pannelal Ramashankar Yadav, shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- each with one or more sureties of the like amount.
(b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.
(c) The applicants shall report to the concerned police station as and when called. The applicants to cooperate with the Investigating Officer.
5. Anticipatory Bail Application stands disposed of.
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