Jitendra Kishor Pardeshi etc vs The State of Maharashtra Through Wanawdi P.Stn.

1 ORDER BELOW EXH.1 IN CRIMINAL BAIL APPLICATION NO.5061/2023 Jitendra Kishor Pardeshi & Another V/s.

State of Maharashtra (Through Wanwadi Police Station) (CNR NO.

MHPU010127372023) 1] This application is filed by the applicants under Section 438 of Cr.P.C in connection with C.

R.

No.371/2023 for the offences punishable under Sections 498-A, 323, 504, 506 of the Indian Penal Code registered at Wanwadi police station.

2] Ld.

Advocate for the applicants has argued that marriage is solemnized on 07/12/2022.

Since 06/05/2023 prosecutrix is staying with her mother.

The cohabitation period is hardly of five months.

The applicants are husband and mother-in-law.

General allegations are made against them.

Applicant No.2 is paralytic.

It is necessary for applicant No.1 to be with her and take care of her.

The ad-interim protection is granted on 04/08/2023.

The applicants have been cooperating with the investigation machinery.

Hence, ad-interim protection be confirmed.

3] Ld.

APP has argued that investigation is in initial stage.

The recovery of Stridhan is yet to be made.

Hence, application be rejected.

4] Heard both the Ld.

Advocates.

Perused application and police papers.

5] On perusal of the FIR, prima-facie it is seen that it is seen that the co-habitation period is hardly of five months.

The allegations are of unlawful demand and physical and mental harassment.

Prima-facie, considering nature 2 of allegations, none of the allegations require custodial interrogation.

It is seen that except Section 498-A of IPC, all other sections are of bailable nature.

There is no complaint of breach of any of the conditions.

The recovery of Stridhan is not a ground to deny the bail.

The applicants have cooperated during the investigation.

It is proper to confirm ad-interim protection with conditions.

Hence, I proceed to pass following order : ORDER 1] Application Exh.1 is allowed.

2] The ad-interim protection granted as per Exh. s per Exh.4 on 04/08/2023 is hereby confirmed on same terms.

3] Inform to the concerned police station.

Sd/-XXX Date : 06/09/2023 (V.

A.

Patravale) Additional Sessions Judge, Pune.

3 CERTIFICATE “ I affirm that the contents of this PDF file are word to word as per the original order.” Name of the Steno : Shri.

P.

B.

Jadhav (Grade-III) Name of the Court : Smt.

V.

Patravale Ad-hoc District Judge 3 & Additional Sessions Judge, Pune Date of Order : 06/09/2023.

Order signed by PO on : 06/09/2023.

Order uploaded on : 11/09/2023.