Sharada Ashok Chavan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2073 OF 2021 Sharada Ashok Chavan ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Shailesh Kharat for the Applicant.

Ms. Anamika Malhotra, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 7 th OCTOBER, 2021 P.C. :

1.

Vide order dated 6th September, 2021, this Court (Coram : A.S.Gadkari, J) granted interim relief to the applicant on certain terms and conditions.

2.

According to the complainant - Datta Salunkhe, the marriage between Archana - deceased and Deepak (Accused No.1) was solemnized on 11th July, 2018. It is alleged that as Archana could not conceive, her husband - Deepak would assault her with fist and kick blows and that the applicant (Archana's mother-in-law) would taunt and pass sarcastic comments against her. It is further alleged that the applicant used to tell her 1/3

son to part ways with Archana and to perform second marriage. It is the prosecution case that being fed up by the constant harassment meted out to Archana by her husband - Deepak and the applicant, she decided to end her life and committed suicide in her house on 4th June, 2021 at about 1.00 p.m. Admittedly, co-accused - Deepak was arrested and chargesheet has been filed against him. The allegations as against the applicant are that she would taunt and pass sarcastic comments against Archana. No other overt act is attributed to her. Having regard to the allegations qua the applicant, custodial interrogation of the applicant is not warranted. 3.

Considering the aforesaid, the interim order dated 6th September, 2021 stands confirmed on the following terms and conditions;

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

(ii) The applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. (iii) The applicant shall inform her latest place of residence and mobile contact number and/or change of residence or mobile details, 2/3

if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (v) The applicant to cooperate with the investigating agency; 4.

The application is allowed in the aforesaid terms and is accordingly disposed of.

5.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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