Savita Santosh Yewale v. The State Of Maharashtra
rsk 1/2 912-ABA-2204-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2204 OF 2017 Savita Santosh Yewale ..Applicant vs.
The State of Maharashtra
...Respondent
---- Mr. Aaditya Arvind Gore for the Applicant.
Ms. S. S. Kaushik, APP for the Respondent .
Mr. S. D. Bhawari, H.C. Narayangaon Police Station. ---- CORAM : SMT. SADHANA S. JADHAV, J.
DATE : 19th December, 2017 P.C.:
.
Heard. This is an application under section 438 of Cr.P.C. The Applicant herein is apprehending her arrest in Crime No.306/2017 registered at Narayangaon Police Station for the offence punishable under sections 498A, 306 read with 34 of Indian Penal Code. 2.
It is the case of prosecution that on 11/10/2017 Govind Shantaram Karale that his niece viz. Reshma was married to Vinayak in the year 2007. The present Applicant happens to be a married sister of Vinayak Mule. The couple was blessed with daughter Srushti aged about 9 years and a son Swaraj aged about 6 years. It is alleged that Reshma was harassed and ill-treated in her matrimonial house. It is alleged that on 11/9/2017 father-in-law of Reshma had inquired with the complainant as to whether she has visited their house. After a short interval father-in-law of Reshma had informed the complainant that the dead body of Reshma along with her two children was seen floating in the well near her house. It is alleged that the Applicant herein had also meted out cruelty and illtreatment to Reshma.
rsk 2/2 912-ABA-2204-17.doc 3.
Mr. Gore, learned counsel for the Applicant submits that there are no specific allegations against the present Applicant. She happens to be a married sister of Vinayak Mule and is residing at Takalkarwadi, TalukaKhed which is almost 50 km. from Narayangaon. It is submitted that the entire family has been implicated in the present case. 4.
In the facts of the present case, the Applicant has made out a case for grant of pre-arrest bail.
5.
The observations made hereinabove are prima facie in nature and shall not be considered for quashing of FIR, discharge application or at the time of trial as they are restricted only to the application under section 439 of the Code of Criminal Procedure. Hence, the order:
ORDER
1.
In the event of arrest, Applicant be enlarged on bail on furnishing P. R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount.
2.
Applicant shall co-operate with the Investigating Agency and shall report to the Investigating Agency as and when called, upon issuing a notice under section 160 of Criminal Procedure Code Application is allowed in the aforesaid terms and stands disposed of.
(SADHANA S. JADHAV, J.)