Manoj Kashinath Wani And ORS v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 621 OF 2018 1.

Manoj Kashinath Wani .Applicants 2.

Smt. Narmada Kashinath Wani 3.

Kashinath Jija Wani 4.

Smt. Dipali Manoj Wani Vs.

The State of Maharashtra .Respondent WITH CRIMINAL APPLICATION NO. 404 OF 2018 ( For Intervention ) IN ANTICIPATORY BAIL APPLICATION NO. 621 OF 2018 Damodhar Dashrath Athawale .Intervenor

IN THE MATTER BETWEEN

1.

Manoj Kashinath Wani .Applicants 2.

Smt. Narmada Kashinath Wani 3.

Kashinath Jija Wani 4.

Smt. Dipali Manoj Wani Vs.

The State of Maharashtra .Respondent Mr. Amin Solkar, Advocate, for the Applicants Mrs. A. A. Takalkar, APP, for the Respondent - State Mr. A. S. Bhandare, Advocate, for the Intervenor

CORAM

:

REVATI MOHITE DERE, J.

DATE :

12.04.2018 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicants seek pre-arrest bail in connection with C. R. No. I-73 of 2018 registered with the Vitthalwadi Police Station, Kalyan(E), for the alleged offences punishable under Sections 306, 498A, 302 r/w 34 of the Indian Penal Code. 3.

The Applicant Nos. 2 & 3 are the in-laws of the deceased - Geeta and the Applicant Nos. 1 & 4 are the brother-in-law and sister-inlaw of the deceased. The deceased - Geeta got married to Sachin on 10.06.2010 and the alleged incident took place on 13.03.2018 i. e. the date on which Geeta allegedly committed suicide. It appears that six months prior to the incident dated 13.03.2018, all the Applicants had moved to a separate residence and admittedly, the Applicants were not staying with Sachin and Geeta ( deceased ). It appears that the deceased - Geeta's daughter, aged four years is an eye witness to the said incident of assault by her father - Sachin. A perusal of the statement of the said girl does not show that the Applicants were present at the spot when the alleged incident took place.

4.

Considering the aforesaid, the Application is allowed and the Applicants are granted pre-arrest bail on the following terms & conditions :-

O R D E R

(i) In the event of arrest, the Applicants be enlarged on bail, on executing PR Bond in the sum of Rs. 10,000/- each with one or two sureties in the like amount;

(ii) The Applicants shall report to the investigating officer of the concerned police station as & when called for by the investigating officer till filing of the charge-sheet;

(iii) The Applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

6.

In view of disposal of the Application, the Intervention Application, being Cri. Appln. No. 404 of 2018 does not survive and same stands disposed of accordingly.

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