Jijabai Anna Kalel v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1114 OF 2021 Smt. Jijabai Anna Kalel ... Applicant V/s.

The State of Maharashtra ... Respondent ------------------- Mr. Laxman Kalel, Advocate for the Applicant. Ms. P.P. Shinde, APP for the Respondent - State. --------------------- CORAM :SMT. SADHANA S. JADHAV, J.

DATED :26th APRIL 2021.

P.C. :

Through video conference 1.

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

2.

The applicant is apprehending her arrest in Crime No.235 of 2021 registered at Wakad Police Station for the offences punishable under sections 304-B, 306, 323, 498-A, 504, 506 r/w 34 of Indian Penal Code. It is the case of the prosecution that on 13th March 2021 Satyavan Shinde lodged a report at the Police Station that his daughter Ashwini was married to son of the applicant on 25th April 2019. That, his daughter was initially residing in the joint family along with

present applicant. However, since her husband Deepak was working in private company at Pune she had shifted to Pune. That, there was constant demand of money from the husband while they were at Pune. That the complainant had paid more than Rs.50,000/- to the son of the present applicant. Thereafter, in the year 2020, his daughter Ashwini had given birth to a baby girl. That the husband had asked the complainant to drop her at Pune. Accordingly, Ashwini had started residing with her husband at Pune. It is alleged that on 12th March 2021 son of the present applicant had called upon the complainant and had asked him to take away his daughter as she was quarreling and was not paying due respect to her mother-in-law. On the same day, at about 6.00 pm, Ashwini had hanged herself in the house. 3.

It is doubtful as to whether on 12th March 2021, the present applicant was at Pune or was in her village at Jambholani. In any case, principal allegations are against the son of the applicant and the allegations against the present applicant are omnibus in nature and would only amount to an offence punishable under section 498-A of the Indian Penal Code. In view of this, custodial interrogation is not imperative. Hence, the applicant deserves pre-arrest bail. Hence, the following order :-

ORDER

(i) Application is allowed;

(ii)In the event of arrest, in Crime No.235 of 2021 registered with Wakad Police Station, Dist. Pimpri-Chinchwad, applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- and one or more solvent sureties in the like amount;

(iii)Application is disposed of on above terms; (iv) Parties to act upon an authenticated copy of this order. (SMT. SADHANA S. JADHAV, J)