Shakera Begam Aalam Shaikh v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3035 OF 2022 Shakera Begam Aalam Shaikh ...Applicant
Versus
The State of Maharashtra
...Respondent
.........
Mr. Khwaja Shaikh for the Applicant.
Ms. M. M. Deshmukh, APP for the State.
.........
CORAM : N.R. BORKAR, J.
DATED : 14 NOVEMBER 2022 P.C. :- This is an application under Section 438 of Code of Criminal Procedure.
2.
The applicant is apprehending her arrest in Crime No. 207 of 2022 registered at Kalamboli police station punishable under Section 306, 323 read with 34 of Indian Penal Code.
3.
The deceased was the mother of the first Informant- Siddhiqa Ahmed Shaikh. In the year 2018, the marriage of first informant was solemnized with the son of the present applicant, who is also coaccused in the present crime. 1 / 3
4.
According to the prosecution immediately after marriage the present applicant and the co-accused started ill-treating the first informant as they were not happy with the quality of marriage presents given by the deceased to the first informant. It is alleged that the applicant and other co-accused thus used to quarrel with the deceased. It is alleged that the applicant and other co-accused were not taking proper care of the first informant even during her pregnancy and therefore the deceased was worried about her. It is alleged that fed up with constant humiliation and harassment by the applicant and other co-accused the deceased committed suicide on 02.10.2022.
5.
I have heard the learned counsel for the applicant and the learned APP for the respondent-State.
6.
Prima facie on the basis of allegations it cannot be said that there was no option for the deceased except to commit suicide. Nothing is to be recovered at the instance of present applicant and therefore custodial interrogation is not necessary. I am therefore inclined to released the applicant on bail. Hence, the following order is passed:
(i) Application is allowed.
(ii) In the event of arrest of applicant in Crime No. 207 of 2022 registered at Kalamboli police station punishable under Section 306, 2 / 3
323 read with 34 of Indian Penal Code, she shall be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
(iii) The applicant shall attend the concerned police station from 17 November 2022 to 19 November 2022 between 11.00 am to 2.00 pm and shall co-operate in the investigation. ( N.R. BORKAR, J. ) 3 / 3