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Bombay High CourtABA/985/2018anticipatory bail granted

Nita Dattatray Lande Alias Neeta Gulabrao Gawade v. The State Of Maharashtra

2018-09-06Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.985 OF 2018 Nita Dattatray Lande alias Neeta Gulabrao Gawade ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO.986 OF 2018

1) Gulab Sitaram Gawade

2) Shakuntala Gulab Gawade ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Chandrashekar Anantpure for the Applicants. Ms J.S. Lohokare, APP for the Respondent -State. Mr. Ranjitsingh Pardeshi, API Lonikand Police station, present. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 6th SEPTEMBER, 2018.

P.C.:- These are applications under Section 438 of the Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R. No.312 of 2018, registered with Lonikand Police Station, District-Pune, for the offences punishable under Section 498-A, 304-B, 306, 323 and 504 r/w. 34 of the Indian Penal Code.

2.

Heard Mr. Chandrashekhar Anantpure, the learned counsel 1/3

for the Applicants and Ms J.S. Lohokare, the learned APP for the Respondent -State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

3.

The Applicants in Anticipatory Bail Application No.986 of 2018 are the father-in-law and mother-in-law and the Applicant in Anticipatory Bail Application No.985 of 2018 is the sister-in-law of the deceased-Aarti, who had committed suicide on 19th March, 2018. Said Aarti was married to Shrikant on 26.1.2014. There are allegations that the husband and the other family members including the Applicants herein had subjected the deceased to cruelty and demanded dowry. It may be mentioned that after considering the allegations made in the FIR and the other material on record, this Court on 15th May, 2018 had granted interim bail and also directed the Applicants to attend the concerned police station as and when required by the Investigation Officer.

4.

The learned APP submits that pursuant to the said order the Applicants have co-operated with the investigation. The investigation is completed and charge sheet is filed on 18th June, 2018. He therefore 2/3

contends that presence of the Applicants is not required for custodial interrogation. In the light of the above statement, both the applications are allowed on following terms and conditions:- (i) In the event of arrest of the Applicants in C.R. No.312 of 2018 registered with Lonikand Police Station, District-Pune, the Applicants shall be released on bail on furnishing bail bonds of Rs.25,000/- each in the like amount to the satisfaction of the learned J.M.F.C., Shivaji Nagar, Pune.

(ii) The Applicants shall furnish their permanent as well as temporary addresses, if any, and their contact details to the Investigation Officer.

(iii) The Applicants shall not change their addresses without prior intimation to the Investigation Officer. (iv) The Applicants shall not tamper with the evidence in any manner.

(SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Shridhar Parab Date:

2018.09.10 18:49:20 +0530 Shridhar Parab 3/3