Rohan Sampatrao Hase and Ors Vs State of Maharashtra Nashik Sessions Court

1
Cri.B.A.No.1020/22­Order­Ex.4.

Order below Exh.1 in Bail Application No. 1020/2022
1/­
Rohan Sampatrao Hase & Ors. ..
Vs.
The State of Maharashtra
through Police Inspector,
Panchawati Police Station, Nashik.
(Cr. No.I 272/2022)
..

Applicants/
Accused.

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 Panchawati Police Station, for the
offence punishable under section 498­A, 406 r/w. 34 of the Indian
Penal Code and interim protection was granted to applicants by
this Court on 18.08.2022.
2.

Heard Learned Advocate Shri S. U. Kawade, for the
applicant, learned A.P.P. Smt. Reshma Jadhav for the State and
Adv. For the intervenor Present. Perused the papers of
investigation.
3.

It is the case of the prosecution that the applicants
being husband and in­laws of the informant, have illtreated and
harassed her for unlawful demand and treated her with cruelty
and committed criminal breach of trust.
4.

Learned Advocate for the applicants submitted that
applicants have no criminal antecedents. Applicants are ready to
2
Cri.B.A.No.1020/22­Order­Ex.4.

abide any conditions on grant of bail.
5.

On perusal of record, it reveals that report came to be
lodged on 30.07.2022. In the report itself, it is mentioned that
informant is residing at her maternal house since 10.09.2020.
Thus, there is vast delay in lodging the report and same is not
explained by the informant. Thus,
on these amongst ground,
interim bail was granted to applicants on 18/08/2022. Now, Say
is filed by the Investigation Officer and the formal objections are
raised.

It
appears
that
the
applicants
cooperated
the
investigation.
6.

As per the contention of Ld. Advocate, the applicants have
no criminal antecedents. They are local resident and they are
ready to abide any conditions imposed upon them. Therefore,
considering all these aspects this Court is of the view to confirm
subject the interim protection granted to applicants. Hence, the
Order.

::O R D E R::
1]
The application ( Exh. 01) is allowed.

2]
The interim protection granted to applicants on
18.08.2022 stands confirmed subject to conditions
therein.

3]
Inform P.S.O. concerned accordingly.

Nashik
Date : 25.08.2022.

(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

3
Cri.B.A.No.1020/22­Order­Ex.4.

Order below Exh.4 in Bail Application No. 1020/2022
1/­
Rohan Sampatrao Hase & Ors. ..
Vs.
The State of Maharashtra
through Police Inspector,
Panchawatu Police Station, Nashik.
(Cr. No.I 272/2022)
..

Applicants/
Accused.

Prosecution
Order below Exh.4.

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 Panchawati Police Station, for the
offence punishable under section 498­A, 406 r/w. 34 of the Indian
Penal Code and prayed for interim protection.
2.

It is the case of the prosecution that the applicants
being husband and in­laws of the informant, have illtreated and
harassed her for unlawful demand and treated her with cruelty
and committed criminal breach of trust.

3.

On perusal of record, it reveals that report came to be
lodged on 30.07.2022. In the report itself, it is mentioned that
informant is residing at her maternal house since 10.09.2020.
Thus, there is vast delay in lodging the report and same is not
4
explained by the informant.

Cri.B.A.No.1020/22­Order­Ex.4.

Prima facie, it appears that there
is marital dispute between the parties. Investigating officer has
not issued notice to the applicants u/s. 41­A of Cr.P.C.

4.

Learned Advocate for the applicants submitted that
applicants have no criminal antecedents. Applicants 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 can be granted to the applicants. Hence, the order.

::O R D E R::
1]
The application ( Exh. 04) is allowed.

2]
In the event of arrest of the applicants – Rohan
Sampatrao Hase, 2) Indira Sampatrao Hase, 3)
Samrat Sampatrao Hase, 4) Prachi Amol
Kharde, 5) Amol Somnath Kharde, 6) Vijaya
Ramesh Adhav and 7) Sangita Ravindra Karpe
in CR No.I­272/2022 of Panchawati Police
Station, Nashik for the offences punishable
under sections 498­A, 406 r/w. 34 of IPC, they
be released on ad­interim anticipatory bail in
sum of Rs.15,000/­ (Rupees Fifteen Thousand
only) each with a surety in the like amount
subject to conditions that :­
a] That the applicants shall make themselves
available for interrogation by the Investigation
Officer as and when required under written
intimation.
b] The applicants shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
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Cri.B.A.No.1020/22­Order­Ex.4.

to dissuade them from disclosing such facts to
the Court or to any Police Officer.
3]
Issue notice to the respondent returnable on
25.08.2022 to show cause as to why this order
shall not be confirmed.

4]
This order shall remain in force until further
orders.

5]
Inform P.S.O. concerned accordingly.

Nashik
Date : 18.08.2022.

(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.