1 Cri.B.A.No.1144/22­Order­Ex.1.

Order below Exh.1 in Bail Appli cation No. 1144/2022

1/­ Himanshu Sudhanshu Pisorkar & Ors. .. Applicants / Accused.

Vs.

The State of Maharashtra through Police Inspector, Upnagar Police Station, Nashik. (Cr. No.I 236/2022)
.. Prosecution

Order below Exh.1.

1.This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing them on anticipatory bail in the event of their arrest in the aforesaid Crime registered at Upnagar Police Station, Nashik for the offence punishable under section 420, 406, 426, 462, 354, 379, 380, 323, 504, 506, 509, 120­B r/w. 34 of the Indian Penal Code and accordingly, interim protection was granted to applicants.

2.Heard Learned Advocate Shri Surve, for the applicants and learned A.P.P. Smt. Sangale for the State and learned Advocate Shri Pawar for the informant. Perused the papers of investigation and say filed by informant.

3.It is the case of the prosecution that the applicants being husband and in­laws of the informant have illtreated the informant and also committed theft, misappropriation of valuable of the informant. There are also allegations that the applicants outraged the modesty of informant.

3.Learned Advocate for the applicants submitted that the applicant No.1 is the husband of informant and applicants No.2 and 3 are her parents­in­laws. The applicants have produced bunch of documents on record which shows that the matrimonial dispute between the parties is going on since long.

Report came to be lodged on the basis of order u/s. 156(3) of Cr.P.C. by the learned Magistrate dated 30.08.2022. In­fact, dispute between the parties is going on since 2021. Learned Advocate for the applicants produced on record various copies of complaint application filed against the informant. One copy i.e.extract of station diary reflects that the informant was ready to settle the marital dispute with the applicant but her father intervened and opposed the same. Howsoever it may be, considering the various complaints filed by the applicants against informant alongwith the nature of dispute, prima facie case of the prosecution found to be in cloud. Learned Advocate for the intervenor also filed written submissions on record and thereby objected the application filed by the applicant.

4.Overall considering the nature of accusation, cases and counter cases filed by the parties against each other, prima facie, it appears that it is a matrimonial dispute. Even litigations to that effect are pending before concerned Courts. Say filed by the investigating officer reflect that formal objections are raised. It appears that the applicants have cooperated the investigation. Learned Advocate for the applicants have submitted that applicants have no criminal antecedents and they are ready to abide any conditions on grant of interim relief.

Therefore, considering all these aspects, this Court is of the view that interim relief granted to the applicants can be confirmed.

Hence, the order.

::O R D E R::

The application ( Exh. 01) is allowed.

Interim protection granted to applicants on 17.09.2022 stands confirmed subject to same terms and conditions.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.28 10:45:11 – 0600
Nashik (Aditee U. Kadam) Date : 27.09.2022. Additional Sessions Judge ­2, Nashik.