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Bombay High CourtAPPLN/338/2016disposed off

Lata W/O Raibhan Thombre And ANR v. The State Of Maharashtra And ANR

2016-02-11Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 338 OF 2016 1.

Lata w/o Raibhan Thombre, 2.

Sushil s/o Raibhan Thombre ..APPLICANTS

VERSUS

The State of Maharashtra & anr.

..RESPONDENTS Mr S.S. Dixit, Advocate for applicants;

Mr A.S. Shinde, Addl. Public Prosecutor for respondents CORAM : N.W. SAMBRE, J.

DATE : 11th February, 2016 ORDER :

By the present application under section 438 of the Code of Criminal Procedure, the applicants are seeking pre-arrest bail, in connection with C.R. No.I-269 of 2015, registered with Sangamner City Police Station, Tq. Sangamner, District Ahmednagar, for offences punishable under sections 498-A, 406, 504 and 506 of the Indian Penal Code. 2.

Applicant no.1 is mother-in-law, whereas applicant no.2 is the husband of the complainant Neelam.

3.

Perused the allegations in the first information report and the statements of father and mother of the complainant. Apart therefrom, there is no iota of evidence to infer that applicants are involved in commission of the crime.

(2) 4.

Looking to the fact that applicant no.1 is a woman and custodial interrogation is not necessary, in my opinion, it will be appropriate to enlarge her on pre-arrest bail.

5.

So far as applicant no.2 - husband of the complainant is concerned, in my opinion, in the light of what has been observed herein above, his custodial interrogation also is not necessary. 6.

In view of above, in my opinion, the applicants are entitled to be released on pre-arrest bail. I, therefore, pass following order :- In the event of arrest of the applicants, in connection with C.R. No.I-269 of 2015, registered with Sangamner City Police Station, Tq. Sangamner, District Ahmednagar, for offences punishable under sections 498-A, 406, 504 and 506 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

The applicants shall attend the concerned police station initially on 17th and 18th February, 2016, between 10.00 a.m. and 12 noon and thereafter as and when called by the Investigating Officer.

(3) Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj