Vandana Sandip Gurav And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:
2023.01.16 18:56:52 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.139 OF 2023 1.Mrs. Vandana Sandip Gurav
2. Miss. Vrushiska Sandip Gurav ..Applicants VS.
The State of Maharashtra ..Respondent ------------ Mr. Saurabh Butala i/b Mr. Sachin Chandan, for the Applicants.
Ms. P. N. Dabholkar, APP for the State.
PSI- Mr. R.R.K, Mumbra Police Station present. ------------ CORAM : M. S. KARNIK, J.
DATE : JANUARY 16, 2023 P.C. :
1.
Heard learned counsel for the applicants and learned APP.
2.
This is an application for pre-arrest bail. The applicants are apprehending arrest in connection with C.R. No.1205 of 2022 dated 22/12/2022 registered with Mumbra Police Station for offence punishable under sections 306, 34 of the Indian Penal Code, 1860 ("IPC", for short). 3.
Applicants no. 1 and 2 are mother and daughter respectively. Deceased 'Jyoti' committed suicide on 1/4
21/12/2022. It is alleged that the applicants abetted commission of suicide of the deceased and hence, offence under section 306 read with 34 of IPC came to be registered. The date of the incident is 21/12/2022. FIR is registered on 22/12/2022. The applicants were neighbours of the deceased. The complaint has been filed by the husband of the deceased. It is alleged that there was a dispute over drawing of water from a common tap between the applicants and the deceased-Jyoti. According to the complainant the applicants were humiliating Jyoti, taunting her and raising frequent quarrels with her. There is a suicide note found which is written by deceased Jyoti which says that the applicants abused the deceased and they were having a grudge against her. Since the time the deceased had come to reside, the applicants have been harassing her.
In my opinion, having regard to the allegations made, custodial interrogation of the applicants is not required. Whether the allegations are sufficient to attract the offence under section 306 of IPC is a subject matter of trial.
that the applicants are willing to co-operate with the investigation and will report to the investigating officer. The applicants are women who were neighbours of the deceased. There are no criminal antecedents reported against the applicants. The dispute between the applicants and deceased was over drawing of water from common water tap. Hence, the following order.
O R D E R
(a) In the event of arrest of the applicants in connection with C.R.1205 of 2022 dated 22/12/2022 registered with Mumbra Police Station, the applicant no.1-Mrs. Vandana Sandip Gurav and applicant no. 2Miss. Vrushiska Sandip Gurav be released on bail on their furnishing P.R. Bond in the sum of Rs.15,000/- each with one or more sureties in the like amount; (b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;
(c) The applicants shall report to the investigating officer on 21st and 22nd January 2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called. 3/4
4. The anticipatory bail application is disposed of. (M. S. KARNIK, J.) 4/4