Chhabubai Narayan Dhamdhere And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1266 OF 2015

1. Smt. Chhabubai Narayan Dhamdhere

2. Shri Sachin Narayan Dhamdhere ...Applicants V/s.

The State of Maharashtra

...Respondents.

Mr. Ganesh Bhujbal for the Applicant.

Mrs. S. S. Pednekar APP for the Respondent-State. CORAM :

REVATI MOHITE DERE, J.

DATED :

27th AUGUST, 2015.

P.C.

1.

Heard learned counsel for the applicants and the learned APP for the State.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No.269/2015 registered with the Shirur Police Station for the offences punishable under sections 498(A), 306, 323, 504, 506 r/w. 34 of IPC.

3.

Applicant No.1 is the mother in law of the deceased Jayashree and applicant No.2 the brother in law. Deceased Jayashree got married to Sandeep (accused No.1) on 29/4/2008. From the said

marriage there is a child aged 3 1⁄2 years. On 15/8/2015, the deceased committed suicide by setting herself on fire at her parent's house. The complainant-Shamrao Appasahed Shelar is the father of the deceased. The complainant has stated that initially for a period of 6 months, the deceased was treated well. He has stated that 6 months prior to the incident, his son got married. According to the complainant, the applicants and Sandeep started illtreating Jayashree on the ground, that they were not looked after properly in the said wedding. It is alleged that the accused ill-treated Jayashree by abusing and assaulting her.

4.

Learned counsel for the applicants submits that Jayashree had gone to her parental home on 13/8/2015, two days prior to the date of incident and that she committed suicide in her parental home. He submitted that the allegations as against the applicants are general in nature. He contended that there is no suicide note left by the deceased.

5.

Admittedly, the deceased committed suicide in her parental home by setting herself on fire. There is no suicide note nor any dying declaration of the deceased. Considering the nature of allegations, the applicants deserve to be granted anticipatory bail on the following

terms and conditions.

ORDER

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

(ii) The applicants shall attend the Shirur police station as and when called for till filing of the chargesheet. (iii) The applicants shall co-operate in the conduct of the trial.

6.

The Application is allowed and disposed of in above terms.

7.

It is made clear, that the observations made herein are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

Partie-s to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)