Bharat Baban Shelke And ANR v. The State Of Maharashtra

1 908.251.19 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 251 OF 2019

1. Mr. Bharat Baban Shelke .....Applicants

2. Mrs. Meena Bharat Shelke V/s.

The State of Maharashtra .....Respondent Mr. Pawan Mali advocate for the applicants Ms. Rutuja Ambekar APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 29, 2019.

P.C.

Heard the learned counsel for the applicant and the learned APP.

In Crime No. 1155/2018 registered with Chakan Police Station, Pune for offence punishable under Sections 306 r/w 34 of the Indian Penal Code, applicants are seeking pre-arrest bail.

2 908.251.19 aba.doc Perused the suicide note of deceased Datta and the conduct of applicant no. 1 of lodging F.I.R. under the provisions of Protection of Children from Sexual Offences Act (POCSO Act) 2012 after the death of deceased Datta.

The very intention of applicant no. 1 can be inferred from the conduct of lodging F.I.R. against a dead person that too under the stringent provisions of POCSO Act.

Investigation till date reflects sufficient involvement of applicant no. 1 in the crime in question. As such, his application stands rejected.

So far as role attributed to applicant no. 2 who happens to be wife of applicant no. 1 is concerned and having regard to investigation carried out till date, applicant no. 2 is not named with any specific attributions. She, being a woman is very much available for the investigation. Hence, applicant no. 2 deserves to be granted pre-arrest bail. In view thereof, following order:

3 908.251.19 aba.doc (A) In the event of arrest of the applicant no. 2 in Crime No. 1155/2018 registered with Chakan Police Station, Pune, applicant no. 2 be released on bail on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

(B) Applicant no. 2 shall not influence witnesses or tamper with evidence.

(C) Applicant no. 2 shall co-operate with the investigating agency.

Application stands disposed of.

[NITIN W. SAMBRE, J.]