Rupali Nitin More And ANR v. The State Of Maharashtra And ANR

SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1696 OF 2023 Rupali Nitin More & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents SHABNOOR AYUB PATHAN by SHABNOOR AYUB PATHAN Date: 2023.07.31 17:48:31 +0530 Mr. Prabhanjan Gujar, for the Applicant.

Mrs. Rutuja Ambekar, APP for the State-Respondent.

CORAM

: AMIT BORKAR, J.

DATED : JULY 31, 2023 P.C.:

1.

Apprehending arrest in connection with C.R.No.38 of 2023 registered with Ranjangaon police station MIDC, District Pune for the offences punishable under Section 306 r/w 34 of the Indian Penal Code (for short 'IPC'). The applicant is seeking relief under Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.'). 2.

According to the prosecution, one Nitin More committed suicide by hanging himself. In his suicide note, blamed on motherin-law, father-in-law and brother-in-law. It is stated that they mentally harassed him. His wife was not residing with him for period of six months. They assaulted him grievously. The applicant No.1 is the wife of deceased, applicant No.2 is mother-inlaw of deceased and applicant No.3 is father-in-law of deceased. 3.

Prima facie, it appears that there is no proximate cause for committing suicide nor material on record as of now shows that

applicants were left with no other option to commit suicide. This Court by order dated 19 June 2023 granted interim protection to applicants. Accordingly, applicants have attended the police station. There is no complaint that the applicants are violated the conditions. Therefore, applicants made out a case for confirmation of ad-interim relief. Hence, the following order: a) In the event of arrest in connection with C.R. No.38 of 2023 registered with Ranjangaon police station MIDC, District Pune for the offences punishable under Section 306 r/w 34 of IPC, the applicants shall be released on bail on furnishing P.R. bond of Rs.50,000/- each, along with one or two sureties in the like amount.

b) Applicants shall remain present before the concerned police station on 7th, 9th and 11th August, 2023 between 11:00 am to 2:00 pm and thereafter, as and when called by the investigating officer. c) Applicants shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

d) Applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. e) Applicants shall, at the time of execution of the

bond, furnish their address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case.

4.

The anticipatory bail application stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)