IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1084 OF 2022
1. Smt.Mirabai Shripat Patil, age-60 yrs. ]
2. Ganesh Shripat Patil, age-36 yrs. ]
3. Nanasaheb Shripat Patil, age-43 yrs.]
r/o.Flat No.10, Kamini Soc. Sahdeo ]
Nagar, Gangapur Road, Nashik.]
4. Mrs.Sarika Ganesh Patil, age-34 yrs.]
5. Roshan Nivrutti Patil, age-28 yrs.]
No.1,2,4,5 r/o.Mohadi, Tal.Dindori, ]
Dist.Nashik. ] .. Applicants/accused
V/s.
The State of Maharashtra ]
Through– P.I. Dindori Police Station, ]
Tal.Dindori, Dist.Nashik. ] .. Respondent/prosecution
ORDER BELOW EXH.1
This is pre-arrest bail application under section 438 of Criminal Procedure Code for the offence punishable under Sections 395, 323, 504, 506 of the Indian Penal Code in CR No.300/22 registered with Dindori police station.
2.In short, the prosecution case is that there was the election of the educational institution by name Maratha Vidya Prasarak Samaj and complainant Mr.Pratik Ramrao Jadhav states his uncle Pravin Ramrao Jadhav contesting election for the post of Director and won the election on 30.8.2022. On the same day at 7:00 p.m. when he reached along with his supporters for Darshan purpose to various temples and Gopal Krishna temple and while returning back Mirabai Shripat Patil (applicant) and others abused him in filthy language. They caught hold complainant’s neck, slapped and forcibly snatched gold chain of 14 gram and kicked on front side and threatened to kill. Accordingly, an offence was registered under the aforesaid sections at Dindori police station.
3.As per applicants; this is a false case. They have already lodged cross-complaint vide C.R No.299/2022 on 31.8.2022 at 2:45 a.m. prior to present FIR. This is nothing but the counter blast. Applicant nos. 2,3 and 5 was never present on the spot. Applicant no.3 is a Doctorate in
Engineering from Sardar Vallabhbhai National Institute of Technology, Surat and was professor in MVPS and now working as a Education Officer. His various articles published in the famous journal of Franklin
Institute. Applicant no.2 is pharmacist by profession and applicant no.4 is B.A B.Ed. by education.
4.Heard both side at length. Perused application. It is admitted position by the I.O. that there is a cross-complaint in CR.No.299/22 which is registered prior to this CR No.300/22. The accused in CR No. 299/22 are already arrested. It reveals that there is nothing but the counter blast of criminal complaint; as earlier complaint filed by these applicants against informant. It seems that applicants i.e. accused no.3 is Education Officer by profession and accused no.1 and 4 are ladies.
There are no criminal history against all the accused. As far as regarding alleged snatch stolen property worth of Rs.50,000/- (14 gram yellow color gold chain) learned advocate for the defence is ready to deposit amount of Rs.50,000/- in the Court without prejudice their rights of defence till outcome of trial. Hence order.
ORDER
1.Anticipatory Bail Application No.1084/2022 is allowed.
2.The applicants/accused no.1 to 5 i.e. Smt.Mirabai Shripat Patil, Ganesh Shripat Patil, Nanasaheb
Shripat Patil, Mrs.Sarika Ganesh Patil, Roshan Nivrutti Patil shall be released on bail, in the event
of their arrest by Dindori Police Station in CR No.300/2022 registered for the offence punishable
under Section 395, 323, 504, 506 of the Indian Penal Code on executing PR Bond of Rs.25,000/-
each with one or two solvent surety of like amount on the following conditions:
a) Applicants shall deposit Rs 50,000/- in Session Court (Rs.Fifty Thousand only) without prejudice to
the rights of defence till final outcome of trial.
b) That the applicants/accused shall not directly or indirectly make any inducement threat or promise
to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the police officer.
c) The applicants shall not leave India without the previous permission of the Court.
d) The applicants shall attend Dindori Police Station on every First and Third Monday in between 11.00
a.m. to 2.00 p.m. till filing of charge-sheet.
3. Concerned Police station be informed accordingly.
4.The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to
furnish the surety. \
5. Criminal Pre-arrest Bail Application stands disposed of accordingly.
Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.06 15:04:20 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 05.09.2022
Nashik.