Shakuntala Govind Didhul v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No.2903 of 2018.

Shakuntala Govind Didhul ..Applicant.

Vs State of Maharashtra ..Respondent.

Mr. Rupesh A. Zade, Adv. for applicant Mr. S.R. Agarkar, APP for the State.

Mr. R.B. Adhikari, API, Daund P.S.present.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATE : 1st November, 2018 P.C:- 1) This is an application under Section 439 of Criminal Procedure Code, filed by the aforesaid applicant, who has been arrested in Cr. No. 328 of 2018 registered at Daund Police Station, District Pune for offences punishable under Sections 306, 498 (A), 323, 504, 506 read with section 34 of Indian Penal Code.

2) Heard Mr Rupesh Zade, learned counsel for the applicant and Mr. Agarkar, learned APP for the State. Perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3) The applicant herein is the mother-in-law of deceased Nikita w/o Parmeshwar Didhul. Said Nikita had

committed suicide on 13/5/2018. The father of said Nikita, Nagnath Shinde had lodged the first information report alleging that since the time of the marriage of Nikita, she was being subjected to harassment and ill-treatment by her husband and his mother i.e. the applicant herein. He had also alleged that the applicant and her son were demanding Rs.10,000/- and a gold ring as dowry. Said Nikita had left a suicide note stating that she was committing suicide as she was not able to bear the harassment and ill-treatment meted out to her by her husband, mother-in-law and sister-in-law.

4) The records reveal that pre-arrest bail application filed by this applicant was rejected by order dated 26th June 2018. The applicant had thereafter surrendered on 9/10/2018 and was taken into custody. The learned APP states that the applicant has already been interrogated and that the investigation is concluded and that the charge-sheet as regards this applicant would be filed within a period of 10 to 15 days. The records also reveal that the husband of Nikita against whom similar allegations have been made, has already been granted bail.

5) Considering the above fact and also considering the

fact that the investigation is concluded, I am of the considered view that the applicant is entitled for bail on the following terms and conditions.

(i) The applicant be released on bail in CR No. 328 of 2018 registered with Daund Police station, District Pune, on her furnishing bail bonds of Rs. 20,000/- with one or more sureties in the like amount. (ii) The applicant shall attend all the dates before the Trial Court till conclusion of the trial. (iii) The applicant shall furnish her permanent and temporary address, if any, and her contact details to the Investigation Officer.

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

(v) The applicant shall not interfere with the complainant/first informant, other witnesses and shall not tamper with the evidence in any manner. The application is disposed of in aforesaid terms. (SMT. ANUJA PRABHUDESSAI, J.)