Padmini Somnath Gaikwad And ORS v. The State Of Maharashtra

Mhi ABA-26-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 26 OF 2018 1.

Padmini Somnath Gaikwad ) 2.

Somanth Bhagvan Gaikwad ) 3.

Asha Shyam Gaikwad ) 4.

Shyam Somnath Gaikwad ) ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Niranjan Mundargi i/b. Mr. Vishal Laxman Kolekar, for the applicant. Ms. P.P.Shinde,APP, for the State.

Mr. Mohan Jadhav, PSI, Vakad Police Station, Pune City, present. CORAM : SMT. SADHANA S.JADHAV, J.

DATE : 15th January, 2018.

P.C. :

1.

This is an application under Section 438 of Cr.P.C. The applicants are apprehending their arrest in C.R.No.674 of 2017 registered at Wakad Police Station, pune. On the last date of hearing, i.e. on 9.1.2018, this Court had directed the Investigating Officer to record statements of the children of deceased Kalpana @ Nisha. The statements are recorded. 2.

Nisha was married to the son of the applicant Nos. 1 and 2 in the year 2007. The couple was blessed with three children. On 27.11.2017,

Mhi ABA-26-18.doc Nisha had consumed poison in her matrimonial home. She was taken to the hospital of Dr. Yogiraj Salunkhe by her husband. She was conscious at the time of admission. The papers of investigation reveal that upon query made by the doctor, she had disclosed that she had a quarrel with her husband and his sister and therefore she had consumed poison in the morning at 6.30 a.m. The investigation is almost completed. It appears from the papers of investigation that the applicants could, at the most, be held liable for an offence punishable under Section 498A of the IPC. 3.

The above observations are prima facie in nature and the same shall not be taken into consideration for the purpose of deciding quashing of FIR, discharge application or at the time of trial. 4.

Hence, the order dated 9.1.2018 deserves to be confirmed on the same terms and conditions. The applicants shall report to the concerned police station as and when called.

(SMT. SADHANA S.JADHAV, J.)