Aruna @ Mangal Baban Choramale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2111 OF 2018 Aruna @ Mangal Baban Choramale ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Rahul S. Kate for the Applicant.

Mrs. J.S. Lohokare, APP for the Respondent -State. Mr. V.V. Purwant, for the Intervenor.

Mr. Nilesh Atmaram Fhadnis, Police constable, Indapur police station, present.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 11th OCTOBER, 2018.

P.C.:- This is an application under Section 438 of the Cr.P.C. filed by the aforesaid Applicant apprehending her arrest in C.R. No.730 of 2018 registered with Indapur Police Station, Pune (rural), for offences punishable under Sections 306, 304 B, 498 A, 354 A r/w 34 of the Indian Penal Code, 1860.

2.

Heard Mr. Rahul Kate, the learned counsel for the Applicant, Mr.V.V. Purwant, the learned counsel for the Intervenor and Mrs. J.S. Lohokare, the learned APP for the Respondent-State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

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3.

The Applicant herein is the mother-in-law of the deceasedSonali. Said Sonali had committed suicide on 20.9.2018. Father of the deceased had lodged the FIR against the husband and his family members for demanding dowry and subjecting Sonali to cruelty. Prima facie the other allegations as regards demand of dowry are general in nature. The allegations against the Applicant herein are that she used to constantly taunt the deceased-Sonali and complaint that she did not know to do household work, etc.

4.

The allegations levelled against the Applicant do not justify custodial interrogation. The learned APP also submits that presently the Applicant is taking care of the minor child of the deceased. She further submits that presence of the Applicant is not required for the purpose of interrogation.

5.

Considering all the above facts and circumstances, the application is allowed on following terms and conditions:- (i) In the event of arrest of the Applicant in C.R. No.730 of 2018 registered with Indapur Police Station, Pune (rural), the Applicant shall be released on bail on furnishing bail bonds of Rs.25,000/- with one or two 2/3

solvent sureties in the like amount.

(ii) The Applicant shall report to the concerned Investigation Officer for a period of four days from 15.10.2018 and thereafter as and when required and called by the Investigation Officer.

(iii) The Applicant shall furnish her permanent as well as temporary address, if any, and her contact details to the concerned Investigation Officer.

(iv) The Applicant shall not change her residential address without prior intimation to the concerned Investigation Officer.

(SMT. ANUJA PRABHUDESSAI, J.) by Megha Shridhar Parab Date:

2018.10.19 18:28:55 +0530 Shridhar Parab 3/3