Ruksana @ Chhaya Suleman Tamboli And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPTORY BAIL APPLICATION NO. 601 OF 2017 1.

Ruksana @ Chhaya Suleman Tamboli, 2.

Arifa Samir Tamboli ...Applicants

Versus

State of Maharashtra

...Respondent

Mr. S. M. Katker i/b Ms. Manisha Devkar for the Applicants Mr. S. S. Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 21 st APRIL, 2017 P.C.

1.

Heard learned Counsel for the applicants and the learned A.P.P for the State.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No. 9 of 2017 registered with the Akluj Police Station, Akluj, for the alleged offences punishable under Sections 306, 498A r/w 34 of the Indian Penal Code.

3.

Learned Counsel for the applicants states that the applicant No. 1 is the mother-in-law of the deceased and the applicant No. 2 is the 1/3

sister-in-law i.e. brother-in-law's wife. She submitted that the allegations as against the applicants are general in nature. 4.

Learned A.P.P has produced the statement of the mother of the deceased.

5.

Perused the papers. It appears that the deceased was married to accused No.1 in 2008. In the oral dying declaration made by the deceased to her mother Ashabi, she has disclosed that all the accused were ill-treating her for money; that on 5th January, 2017, there was quarrel between the applicant No. 2 and her, as the silver chain worn in the applicant No. 2's child's leg, was missing; and that applicants started abusing her on account of the same. According to the deceased, pursuant to the ill-treatment meted out to her by all the accused, she poured kerosene on her person and set herself ablaze. She has stated that initially she had disclosed to the police that because of the stove blast, she sustained injuries, however, the same was not true.

6.

The applicants are ladies and the allegations as against them are general in nature. It appears that pursuant to a quarrel on 5th January, 2/3

2017, between the applicant No. 2 and the deceased, the deceased poured kerosene on her person and set herself ablaze. Considering the aforesaid, the applicants are granted anticipatory bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. 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 on every Monday from 10:00 a.m. to 11:00 a.m, till the filing of the charge-sheet.

7.

The application is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 9.

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

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