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Bombay High CourtABA/15/2019anticipatory bail granted

Priyanka Bhushan Wagh And ORS v. The State Of Maharashtra

2019-01-04Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 913-aba-15-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.15 OF 2019 1) Priyanka Bhushan Wagh;

2) Nishant Bhagwan Nikam; and 3) Pushpabai Bhagwan Nikam .. Applicants Vs.

State of Maharashtra .. Respondent ......

Mr.Uday P. Warunjikar, Advocate for the Applicants. Mr.R.M. Pethe, APP for the Respondent - State. Mr.V.B. Sawant, PSI, Meghwadi Police Station, Mumbai, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 4, 2019.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.199 of 2018, registered with Meghwadi Police Station, Mumbai. Applicant no.1 is wife of the deceased. Applicant nos.2 and 3 are brother and mother of applicant no.1. First Information Report was lodged on 12th July, 2018, alleging that the accused have abetted suicide committed by husband of applicant no.1. It appears that applicant no.1 had gone to her parental home. FIR indicates that victim had committed suicide by hanging on 27th February, 2018. Whereas FIR was lodged on 12th July, 2018. There were differences between parties on

rpa 2/2 913-aba-15-19.doc account of matrimonial discord. Learned APP submits that the investigation is in progress. Considering the nature of allegations reflected in the FIR, I do not find that case for custodial interrogation is made out.

Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.15 of 2019, is allowed;

(ii) In the event of arrest of the applicants in connection with C.R. No.199 of 2018, registered with Meghwadi Police Station, Mumbai, they be released on bail on their furnishing P.R. Bond in the sum of Rs.20,000/-, each, with one or more sureties in the like amount;

(ii) Applicant shall attend investigating officer as and when called for;

(iii) Anticipatory Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)