Sunita Ravji Thakare v. The State Of Maharashtra
1/5 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1136 OF 2015 Sunita Ravji Thakare ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH CRIMINAL APPLICATION NO.692 OF 2015 IN ANTICIPATORY BAIL APPLICATION NO.1136 OF 2015 Padmakar Sakharam Jadhav ...Intervener (original complainant)
IN THE MATTER BETWEEN
Sunita Ravji Thakare ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr.M.M.Vashi, Senior Counsel i/b M/s.M.P.Vashi & Associates, for the Applicant Mr. Y. M. Nakhwa, A.P.P for the Respondent-State Ms.Poonam O. Upadhyay, for the Intervener.
CORAM : REVATI MOHITE DERE, J.
DATE : 21st SEPTEMBER, 2015 P.C. :
1.
Heard learned Senior Counsel for the applicant, learned counsel for the intervener/original complainant and the learned A.P.P.
2/5 2.
By this application, the applicant seeks pre-arrest bail in connection with C.R. No. I-101 of 2015 registered with the Murbad Police Station, Thane, for the alleged offences punishable under Sections 498-A, 306 r/w 34 of the Indian Penal Code.
3.
The applicant is the mother-in-law of the deceased. The applicant's son - Hemant and deceased - Pradnya were married on 17th April, 2008 and on 20th July, 2015, Pradnya committed suicide at her matrimonial home. The complainant is the father of the deceased - Pradnya. He has alleged that after marriage the accused i.e. Pradnya's husband, her mother-in-law (the present applicant) and sister-in-laws illtreated and harassed his daughter. He has alleged that on account of the illtreatment and harassment meted out to her, his daughter committed suicide by consuming poison.
4.
Learned Senior Counsel for the Applicant submits that the applicant's son - Hemant was married to the deceased in 2008, and they have a son from the said wedlock. He submitted that considering the nature of allegations made in the complaint, no offence as alleged is disclosed. He
3/5 submits that the co-accused have been enlarged on bail by the Trial Court. 5.
Learned APP relied on the suicide notes allegedly written by the deceased - Pradnya, to her brother and husband. 6.
Perused the papers, including the suicide notes written by the deceased - Pradnya. There are no allegations of any dowry demand or any unlawful demand in the said suicide notes. Infact, there are no allegations against the applicant in the suicide notes. Prima-facie, considering the suicide notes, the allegations therein qua the applicant, do not disclose an offence under Section 498-A.
7.
Considering the material on record, the applicant is granted pre-arrest bail on the following terms and conditions :
ORDER
(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount ;
(ii) The applicant shall attend the concerned Police Station on
4/5 every Wednesday, between 11.00 a.m. to 12.00 noon, till the filing of the charge-sheet ;
(iii) The applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. 8.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
9.
It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 10.
In view of the disposal of the Anticipatory Bail Application No.1136 of 2015, the Intervention Application being Criminal Application No.692 of 2015 does not survive and the same is also disposed of. 11.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
5/5 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.
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