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Judgment
Prithviraj K. Chavan, J
Heard the learned Counsel for the applicants, who are husband and wife. A crime bearing No. 1448 of 2021 came to be registered with Malvani
Police Station against the applicants for the offences punishable under Sections 325, 324, 323, 504, 506 (II) r/w 34 of the Indian Penal Code.
It is alleged that the complainant had borrowed an amount of Rs.80,000/- from applicant no.2. Despite transferring the amount in the account of
applicant no.2 with the ICICI Bank on 18th October, 2021, it is alleged that the applicants assaulted the complainant’s father by inflicting fist blow
resulting into uprooting of his 8 artificial teeth. It is the contention of the applicants that they too have registered an FIR against the complainant qua
the same incident.
Heard Mr. Mishra, the learned Counsel for the applicants.
The applicants seeks interim protection by contending that they would co-operate with the Investigating Officer and would not flee away from
justice till the investigation is completed. It is submitted that the applicants have roots in the society and they are law abiding citizens.
On the other hand, the learned APP, on instructions from the Investigating Officer, who is present in the Court, submits that the applicants are not
co-operating in the investigation. It is submitted that the custodial interrogation of the applicants is required for recovery of the weapon used by the
applicant no.2 in committing the offence.
Having considered the respective submissions, in my view, the applicants can be protected by an interim order as there are no antecedents and it
appears to be a dispute arose on account of lending of some amount by the applicants to the complainant. Under such circumstances, the following
order is expedient :-
ORDER
(i) In the event of their arrests, the applicants be enlarged on bail on furnishing a PR bond in the sum of Rs.25,000/-each with one surety in the like
amount.
(ii) The applicants shall make themselves available for interrogation on 1st January, 2022, 6th January, 2022 and 12th January, 2022 between 10.00
a.m. to 12.00 noon.
(iii) The applicants shall not, directly or indirectly, make any inducement, threat or promise to the complainant or the witnesses.
(iv) The applicants shall not leave India without the prior permission of the Court.
(v) The applicants shall deposit their passports, if any, with the Investigating Officer.
(vi) The applicants shall remain present at the time of final hearing of the application, in view of the request made by the learned Additional Public
Prosecutor.
(vii) Stand over to 14th January, 2022.