Anju Sanjay Begi And ANR v. The State Of Maharashtra
ppn 1 15.aba-2690.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2690 OF 2018 Anju Sanjay Begi & Anr.
..
Applicants Vs.
State of Maharashtra ..
Respondent --- Mr.Girish Kulkarni a/w Mr.Karan Kadam I/by Mr.Kripashankar Pandey for the applicants.
Ms.Sharmila S. Kaushik, APP for respondent-State. Mr.D.V. Gurjar, PSI, Wanwadi Police Station, Pune City. --- CORAM : P.N. DESHMUKH, J.
DATE : 1st April 2019 P.C.:
.
Heard learned counsel for applicants and learned APP. Investigating Officer is present. Perused case diary. 2.
Applicants seeking anticipatory bail are in-laws of deceased Sneha who died on suicidal death. Both applicants are protected by an order dated 6th February 2019 and had attended Investigating Officer as directed. Investigation is complete and charge-sheet is filed before competent Court.
3.
Perusal of report lodged by mother of deceased would reveal that Sneha was married to applicant's son in the year 2014. Incident is
ppn 2 15.aba-2690.18.doc of 25th October 2018 which occurred in the matrimonial house of deceased situated at Kedarinagar. Perusal of report would reveal that after marriage, deceased along with her husband and applicants though stated to be residing at house in Kedarinagar, it is also contended that during that period, applicants had rented one premises at Dhobighat and used to stay in said rented house for entire day and were on visiting terms to deceased who was staying in a house at Kedarinagar. Though in report various allegations of monetary demand, ill-treatment are alleged to be provided by applicants as well as husband of deceased and his relations, there are no specific allegation made in the report. Since allegations are found vague in that view of the case, there is nothing on record establishing applicant's involvement to have instigated deceased to commit suicide immediately prior to incident. 4.
From complaint, though it is revealed that one day prior to deceased committing suicide, she had complained about alleged demand made to her by her husband and his relatives on phone. Learned APP, on instructions, makes a statement that no investigation is carried out of any CDR particularly of any call done by deceased in the night of 24th October 2018 as on the following day, deceased has committed suicide.
ppn 3 15.aba-2690.18.doc 5.
Having considering above stated facts, prima facie it is found that after deceased committed suicide, applicants are falsely involved. In that view of the matter, interim order dated 6th February 2019 is liable to be confirmed as per order below :-
ORDER
(i) Interim order dated 6th February 2019 in force stands confirmed with a direction to applicants to attend Investigating Officer, Wanawadi Police Station, Pune quarterly on first day of each such month pending trial;
(ii) Trial Court should not get influenced with observations made aforesaid and shall individually evaluate evidence at the time of trial; (iii) Application is disposed of in above terms.
P.N. DESHMUKH, J.