← Library
Bombay High CourtABA/619/2019others disposed off

Pavitra Subhash Mane v. The State Of Maharashtra

2019-04-16Hon'Ble Shri Justice P.N. Deshmukh2 pages

ppn 1 9.aba-619.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.619 OF 2019 Sou. Pavitra Subhash Mane ..

Applicant Vs.

State of Maharashtra ..

Respondent --- Mr.Kuldeep S. Patil I/by Mr.Prashant S. Hagare for the applicant. Mr.S.H.Yadav, APP for respondent-State.

Mr.V.V. Bhapkar, Police Constable, Indapur Police Station, Pune. --- CORAM : P.N. DESHMUKH, J.

DATE : 16th April 2019 P.C.:

.

Heard learned counsel for applicant and learned APP. Perused case diary.

2.

Applicant is found protected by interim order passed by this Court dated 12th March 2019 wherein it is noted that deceased had set herself on fire and committed suicide due to quarrel which took place on trivial issue of grazing of hens in the field of complainant and on perusal of case diary, applicant is found involved by deceased for above reason in her dying declaration recorded by police, however no involvement of applicant is found in report lodged by husband of deceased on this count. 3.

Learned APP submitted that from the statement of witnesses, only involvement of applicant is of using abusive language

ppn 2 9.aba-619.19.doc against deceased and there is nothing on record which abetted commission of suicide of deceased as instigated by applicant. Admittedly, while on interim protection though applicant was directed to attend Investigating Officer from 15th March 2019 to 19th March 2019 between 10.00 a.m. to 1.00 noon, learned APP submits that she attended Investigating Officer only on 3 days. In that view of the matter and having considering evidence as aforesaid, order dated 12th March 2019 is liable to be confirmed as per order below:-

ORDER

(i) Order dated 12th March 2019 stands confirmed with a direction to applicant to attend Investigating Officer if called between 10.00 a.m. to 1.00 noon till filing of charge-sheet;

(ii) Applicant shall not tamper with witnesses or investigation. (iii) Application is disposed of in above terms.

P.N. DESHMUKH, J.