IN THE COURT OF SESSIONS AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.1830 OF 2022 (C. R. No.819/2021 of Malad Police Station )
Laxmi Deepak Kedia, ]
Age 57 years, Occ : Housewife, ]
R/a. 3/10, The Malad CHS Ltd., ]
Poddar Park, Malad (E), ] Mumbai 400 097. ] ..Applicant
Versus
State of Maharashtra, ] (Through Malad Police Station) ] …Respondent
Ld. Adv. Manoj G. Agre for applicant.
APP Usha Jadhav for State.
CORAM : SHRI M.I. LOKWANI, Additional Sessions Judge, Court Room No.10. Date : 19th November, 2022
ORAL ORDER
The present application is filed by the applicant under section 438 of the Code of Criminal Procedure 1973 for granting Anticipatory Bail in connection with Crime No.819 of 2021, registered with Malad Police Station for the offences punishable under Sections 353, 352, 323, 504 and 506 of IPC.
Brief facts of the prosecution case are as under :
2. It is alleged that on 26.10.2021, the applicant along with her daughter Shivani Deepak Kedia went to Patel Shopping Centre for buying household items, on the occasion of Diwali Festival. When they came out of the said shopping centre, Shivani was shocked to know that certain police had parked their vehicle in such a way that she unable to move her motor car in any direction. When Shivani requested to remove the police vehicle so as to enable her to move her car, but police did not listen and they behaved with Shivani in rude and indecent manner. It is submitted that police officer started recording video shooting of the daughter of applicant and when it was objected, at that time, police officer threatened her and said that the said contents of the video will viral on social media and malign her reputation. It is submitted that despite of her request, concerned police did not stop recording video shooting and continued to record the video shooting from top to bottom. Suddenly one lady came on the spot and grab the Shivani from her collor and tried to remove her from the Car forcibly. One police officer also manhandled Shivani to remove her from the Car. When Shivani requested not to touch physically, police officer became angry and with intention to take revenge, present crime registered against the applicant and her daughter Shivani.
3.Ld. Advocate for applicant submitted that applicant is innocent and false allegations made against her. Shivani already released on Anticipatory Bail. The applicant is also ready to abide any condition imposed upon her. Lastly prayed for allow the application.
4.Ld. APP in view of reply at Ex. 2 submitted that the investigation of Shivani and against applicant is completed, therefore they have no objection to grant Anticipatory Bail.
5. Considering the above submission of both sides and in view of no objection from the respondent side, there is no hurdle to grant anticipatory bail in favour of the applicant. Considering the nature of offence and aforesaid circumstances, I proceed to pass following order.
ORDER
1. Anticipatory Bail Application No.1830 of 2022 is hereby allowed.
2. In the event of arrest of the applicant Laxmi Deepak Kedia, she be released on bail on executing P.R. Bond of Rs.10,000/ (Rupees Ten Thousand Only) with one surety of like sum in connection with Crime No.819/2021, registered with Malad Police Station for the offences punishable under Sections 353, 352, 323, 504 and 506 of IPC, on following conditions :
i) She shall attend Malad Police Station as and when called by I.O.
ii) She shall not pressurise the complainant and witnesses.
iii) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such a fact to the Court or to any police officer.
iv) She is directed to furnish her local & native address and her contact number to Malad Police Station.
v) Inform to the Malad Police Station.
3.Anticipatory Bail Application No.1830 of 2022 stands disposed of accordingly.
Dictated and pronounced in open Court.
Digitally signed by MANILKUMAR ISHWERLAL LOKWANI Date: 2022.11.19 17:20:32 +0530 (M.I. LOKWANI)
Dt. 19/11/2022 Additional Sessions Judge, Borivali Div., Dindoshi, Mumbai Dictated to steno on : 19/11/2022 Transcribed by steno on : 19/11/2022 Checked & Signed by HHJ on : 19/11/2022 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE AND TIME 19.11.2022 AT 05.50 p.m. NAME OF STENOGRAPHER PRASAD S. TARE Name of Judge (with Court room no.) HHJ Shri M.I. Lokwani, City Civil & Sessions Court, Borivali Di v., Dindoshi. (C.R.No.10) Date of Pronouncement of JUDGEMENT/ORDER 19/11/2022 JUDGEMENT/ORDER signed by P.O. on 19/11/2022 JUDGEMENT/ORDER uploaded on 19/11/2022