1 aba426.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.426 OF 2011 (MEENABAI GAJANAN DESHMUKH & ANR.//VS// STATE OF MAH. THR. PSO WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Jaltare, Advocate for Applicant. Mr. M.J.Khan, A.P.P. for Respondent/State. CORAM : M.N.GILANI, J. DATE : DECEMBER 14, 2011. Heard both sides. Applicant Nos. 1 and 2, who have been arrayed as accused in Crime No. 379 of 2011, registered with Police Station, Washim, for the offence punishable under Section 395 of the Indian Penal Code are seeking pre-arrest bail. The offence has been registered on the basis of the report lodged by Usha Munde. She is Police Constable attached to Police Station, Washim. She herself stated that she is under suspension. She is a tenant in the house of one Uttam Krushnaji Sawant (Deshmukh). The first information report further reveals that the landlord was not passing receipts although she used to pay the rent regularly. It is alleged that on 17.10.2011 the landlord by name Uttam Krushnaji Sawant, accompanied by his wife Anita-applicant No.2 herein and one Gajanan Deshmukh and his wife- applicant No.1 herein, in all twelve persons, entered her house. It is further alleged that the present applicants had caught hold the complainant and snatched golden poth (Mangalsutra) which she was wearing and also removed other golden poth, golden rings and cash amount of Rs.five thousand which were in her purse. After that 4-5 women, including the present applicants, sat in the house and male 2 aba426.11 accused persons ran away. It appears from the first information report that when Usha went to lodge report 4-5 female were sitting in her house. Prima-facie, this appears to be the case of dispute between the landlord and tenant. The possibility that the act of mere trespass having been converted into the incident of decoity cannot be ruled out. Considering that both the applicants are housewives and the nature of the allegations in the first information report, the application is allowed. The applicant No.1 Meenabai Deshmukh and applicant No.2 Sau. Anita Sawant, in the event of their arrest in Crime No.379 of 2011, registered with Police Station, Washim for the offence punishable under Section 395 of the Indian Penal Code, are directed to be released on their executing P.R. Bond in the sum of `twenty five thousand each with two sureties each in the like amount, with a condition that they shall attend the concerned Police Station as and when called by the Investigating Officer for investigation purposes. Hamdast allowed. JUDGE RR..