Padmini Sambhaji Vasekar And ANR. v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1101 OF 2021 Smt. Padmini Sambhaji Vasekar & anr..
...Applicants.
V/s.
State of Maharashtra.
... Respondent.
------------------- Mr. Ritesh Thobde, advocate for applicant.
Ms. P.P. Shinde, APP for State.
--------------------- CORAM :SMT. SADHANA S. JADHAV.
DATE :APRIL 23, 2021.
P.C.
Heard the learned Counsel for the applicant and the learned APP for State through video conferencing. This is an application under section 438 of the code of Criminal Procedure, 1973 seeking pre-arrest bail in Crime No. 84 of 2021 registered with Barshi Taluka Police Station, for the offence punishable under section 498A, 306, 504, 506, read with section 34 of the Indian Penal Code.
The first informant happens to be the sister of the deceased Sonali who was married to the son of the present applicant on 6th July, 2018. It is alleged that there was a demand of Rs. 30,000/- from Sonali. She was being coerced to fetch the said amount from her parents. That she was being harassed and ill-treated on account of the demand of the said amount. It is also alleged that there was a demand of Rs. One Lakh as the son of the applicant wished to start a poultry farm. That Sonali had also lodged a report at Mohol Police Station on 30th October, 2018 against the present applicant and all other family members for the offence punishable under section 498A, 306, 504, 506, read with section 34 of the Indian Penal Code. On the basis of the said report, Crime No. 797 of 2018 was registered against them.
Being fed up by the harassment and ill-treatment meted out to her, Sonali had started residing with her parents. Learned Counsel submits that Sonali had filed divorce proceedings. Her husband used to harass and ill-treat by sending her obscene and lewd messages on her cellphone. It is alleged that she was fed up of the harassment and ill-treatment meted out to her at the hands of her
husband when she was at her maternal home. On 27/2/2021 Sonali had consumed poison in the maternal house when she was alone on the terrace and had committed suicide.
In the course of investigation, husband of Sonali has been arrested and is in custody. The applicant No. 2 Sambhaji Dattu Vasekar is also arrested and therefore, his application seeking pre-arrest bail has become infructuous. Present applicant No. 1 happens to be the mother-in-law of the deceased Sonali, who is aged about 71 years old. The incident has taken place in the maternal house of the deceased. That, there was no proximate cause for abetment of suicide by the present applicant. In view of this, applicant No. 1 deserves to be granted pre-arrest bail.
Hence, following order is passed :
ORDER
(i) The application is allowed.
(ii) In the event of arrest in Crime No. 84 of 2021 registered with Barshi Taluka Police Station, the applicant No. 1 Smt. Padmini Sambhaji Vasekar be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/- with one or more sureties in the like amount.
(iii) The applicant No. 1 Smt. Padmini Sambhaji Vasekar shall attend police station as and when called by the Investigating Officer and cooperate with the investigating agency.
(iv) The application is disposed of accordingly.
(SMT. SADHANA S. JADHAV, J)