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Bombay High CourtABA/1701/2017others disposed off

Sangeeta Asaram Patil v. The State Of Maharashtra

2017-11-15Hon'Ble Shri Justice A.S. Gadkari2 pages

12 aba 1701-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1701 OF 2017 Sangeeta Asaram Patil ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Abhishek Avachat for the Applicant.

Mr. S.S. Hulke, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 15th NOVEMBER, 2017 P.C.:

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Heard the learned Counsel for the Applicant and the learned APP. By an order dated 27th September 2017, the Applicant was granted interim relief. The Applicant is mother-in-law of deceased Mrs. Chetal Patil. It is the case of the prosecution that the deceased Chetal Patil was married with Hemkarn Patil on 11.02.2017. That the Applicant and other accused persons used to illtreate deceased and demand dowry from her. That the accused persons also caused undue harassment and cruelty to the deceased and therefore, on 08.08.2017, she committed suicide from 11th floor of the residential building of the Applicant i.e. the matrimonial home of the deceased.

Learned Counsel for the Applicant submitted that as a matter of fact, the deceased Chetal was having an extra marital affair with a boy namely Jigar and Sneha Chavan 1/2

12 aba 1701-17=.doc she used to talk with him regularly on mobile phone. Certain objectionable photographs were also noticed by the Applicant and other family members on her mobile. There are series of conversation between the deceased and the said boy Jigar which indicates that Mrs. Chetal was having extra marital affair with the said boy. He further submitted that on 08.08.2017, the family members of the Applicant confronted the deceased Chetal with the said fact and being afraid of the exposure, Chetal went on 11th floor of the building and jumped there from. Perused the record of investigation. Prima facie, it appears that there is substance in the submissions made by the learned Counsel for the Applicant. It further appears that the Applicant has not played any vital role instigating the deceased to commit an act of suicide.

Accused No.1 Hemkarn was arrested by the police and has now been released on regular bail. In view thereof, the Applicant can be protected by pre-arrest bail. Interim relief granted by an Order dated 27.09.2017 is hereby confirmed. Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)