Shoba Sajan Gavande v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.692 OF 2017 Shoba Sajan Gavande ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Kishore Gaikwad, for the Applicant.

Mr.S.S.Hulke, A.P.P. for the Respondent-State. P.H.O - Ramesh L. Borse, Niphad Police Station, Nashik. CORAM : REVATI MOHITE DERE, J.

DATE : 10th APRIL, 2017 P.C. :

1.

Heard learned counsel for the Applicant and the learned APP for the Respondent - State.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.I-06 of 2017 registered with the Niphad Police Station, Nashik, for the alleged offences punishable under Sections 498(A), 304(B), 323, 504 r/w 34 of the Indian Penal Code.

2/4 3.

Learned Counsel for the applicant states that the allegations against the applicant, who is the mother-in-law of the deceased are general in nature. He submitted that the sister-in-law of the deceased -Archana, has been granted anticipatory bail by this Court. 4.

Learned APP states that the charge-sheet in the said case will be filed within one week from today.

5.

Perused the papers in particular the statement of the complainant i.e. the father of the deceased. He has stated that his daughter - Vidya got married with Sandeep Gavande on 2nd May, 2015. According to the complainant, after marriage all the accused, including the applicant who is the mother-in-law of the deceased were demanding money from the deceased and were asking her to bring furniture. He has stated that pursuant thereto, he had given a sum of Rs.20,000/- in cash to Sandeep and that a cheque of Rs.25,000/- was given on 17th January, 2017. The deceased committed suicide by jumping in a well on 18th January, 2017. No specific role has been assigned to the applicant and the allegations against the applicant are general in nature.

3/4 6.

Considering the aforesaid and the fact that the applicant is a lady, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount; ii) The Applicant shall not contact or attempt to influence the complainant or any persons concerned with the case; iii) The Applicant shall co-operate in the conduct of the trial. 7.

The Application is allowed and disposed of in above terms. 8.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.

4/4 9.

It is made clear that the applicant's application is considered under the proviso to Section 437 of the Indian Penal Code and the other accused shall not claim parity.

10.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)