Rajesh Bhagwandas Chaurasia And ORS v. The State Of Maharashtra

aba.690-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 690 OF 2017 Rajesh Bhagwandas Chaurasia & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents ----- Mr. Omprakash Dube for applicants.

Ms. J.S. Lohokare, APP for State.

Mr. N.J. Patil i/b D.S. Geete for respondent No.2. Mr. S.K. Olekar, PSI, Andheri Police Station is present. ----- CORAM : A.S.GADKARI, J.

DATE : 19th JANUARY 2018.

P.C.:

1] Applicant Nos. 1 to 3 are husband, father-in-law and mother-inlaw respectively of the deceased Savita Chaurasia. That the marriage of the applicant No.1 and Smt. Savita was solemnized in the year 2002. That Smt. Savita Chaurasia committed suicide on 3.3.2016 at her matrimonial house by hanging. The first information report is lodged on 6.3.2016 by the father of deceased namely Vijaybahaddur H. Chaurasia alleging that as the deceased Smt. Savita was unable to conceive, the applicants used to harass and torture her mentally and physically and used to demand dowry from her. That being fed-up with the said harassment she committed suicide. 1/2

aba.690-2017.doc 2] The record of investigation indicates that, a suicide note found on the/near the dead body of Smt. Savita was seized by the Investigating Agency by effecting a panchanama. The said suicide note was sent to the hand-writing export for its opinion. The Investigating Agency received an opinion dated 16.11.2017 from the hand-writing expert stating that, there is similarity in the writing habits between hand-written documents of deceased and her said suicide note. Perusal of the suicide note indicates that, the deceased has exonerated all the applicants from any act and has stated that, as she does not want to wish to live further and therefore is committing suicide.

3] After perusal of the record and suicide note, it appears that, the custodial interrogation of the applicants for further investigation of the present crime is not necessary.

4] In view thereof, interim relief granted by an Order dated 4th May 2017 is confirmed.

However, the condition to attend the Investigating Officer is hereby waived.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2