1 aba423.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 423/2011 Vijay Motilal Joshi and ors. ..vs.. State of Maharashtra, thr. PSO P.S. Wani - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. M. Bhangde, Advocate for applicants. Mr. V. A. Thakre, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : DECEMBER 15, 2011. 1. This is an application under Section 438 of the Code of Criminal Procedure for releasing the applicants on bail against whom an offence bearing Crime No. 203/2011 has been registered with Police Station, Wani under Section 394, 323 of the Indian Penal Code. 2. The offence was registered on the basis of the report lodged by one Kalpana Kunjbihari Sharma. She is the wife of brother of one Kalavati. Kalavati is the ex wife of the applicant no.1-Vijay. The FIR pertains to the incident occurred on 04.01.2011. It is alleged that Kalpana Sharma reached to the house of Kalavati at 11.00 a.m. At that time, the applicant-accused no.1 entered the house. It is alleged that he was accompanied by applicant no.2-Sangita. The said Kalpana Sharma wanted to prevent the entry of those persons in the house. When Kalavati advanced towards applicant no.2-Sangita, in retaliation the applicant no.2-Sangita, started beating Kalavati. 2 aba423.11.odt Applicant no.4-Rajesh gave fist blows on the face of Kalpana Sharma. It is further alleged that the purse of Kalavati was lying on the sofa. The cash of Rs. 1,000/- was removed from the purse by accused no.2- Sangita. Applicant no.1-Vijay snatched gold Poat from the person of Kalpana. She was also robbed of four gold bangles by applicant no.3- Vinod and applicant no.4-Rajesh. Thereafter, they had driven out Kalavati from the house. When Kalpana and Kalavati went to the Police Station, Wani, their report was not taken. 3. The story of other side is that the applicant no.1-Vijay had married Kalpana in the year 1996. Out of this wedlock, they have two daughters. One is studying in the 7th standard and other is in 4th standard. Presently, they are residing with their grand parents. In between them, there was matrimonial dispute. In the year 2002 the said dispute had resulted in filing of the chargesheet under Section 498-A of the I.P.C. and acquittal of applicant no.1 and six others in the year 2009. On 16.01.2010, the applicant no.1-Vijay filed divorce petition. In March-2011, there was a decree of divorce. This was followed by marriage of the applicant no.1-Vijay with applicant no.2- Sangita. In the meanwhile, Kalpana Kunjbhiari Sharma filed Writ Petition in September-2011 seeking directions to register an offence on the basis of report dated 05.01.2011. The writ petition was withdrawn. With the same complaint dated 05.01.2011 complainant 3 aba423.11.odt Kalpana Sharma approached Police Station, Wani on 17.11.2011 and lodged the FIR, details of which are mentioned above. 4. In this background, if averments in the FIR are considered, there is a strong possibility of the incident as alleged having not at all occurred or it has been exaggerated to a great extent. It seems that the learned Additional Sessions Judge did not appreciate the past events or events preceding filing of the FIR by Kalpana Sharma. 5. In that light of the matter, this is fit case, where the application has to be allowed. Application is allowed. In the event of arrest, the applicant no.1-Vijay Motilal Joshi, applicant no.2-Sau. Sangita Vijay Joshi, applicant no.3-Vinod Motilal Joshi and applicant no.4-Rajesh Balaji Rajurkar be released on their furnishing PR Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand Only) each with one surety each in the like amount. The applicants shall attend Police Station, Wani as and when required by the Investigating Officer till the chargesheet is filed. Hamdast allowed. JUDGE kahale