Bombay High CourtAPPLN/738/2016disposed off

Rajaram S/O Thakaji Khanse v. The State Of Maharashtra

2016-02-05Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap682.16 etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 738 OF 2016 IN CRIMINAL APPLICATION NO. 682 OF 2016 Rajaram s/o Thakaji Khanse ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr N. V. Gaware, Advocate for applicant;

Mr K. D. Munde, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 5th February, 2016 ORDER :

In Crime No. I-152 of 2015 registered on 23/12/2015 with Belwandi Police Station, Tq. Shrigonda, Dist. Ahmednagar for the offence punishable under Sections 498A, 304B read with Section 34 of Indian Penal Code with Sections 3 and 4 of Dowry Prohibition Act for the incident of 21/12/2015 in the matter of suicide by daughter-in-law of present applicant. The applicant came to be arrested on 23/12/2015. 2.

The application under Section 439 of Cr.P.C. is pending on which this Court is already issued notice. The applicant has come out with the case that his father Thakaji expired on 28/01/2016 and so as to complete ritual programme is arranged on 06/02/2016, in which he is seeking temporary bail.

criap682.16 etc (2) 3.

The application is opposed by learned A. P. P. on the ground that, there is prima facie evidence against the applicant, however, he is not in a position to dispute about the death of the father of applicant. 4.

In that view of the matter, in my opinion, it will be appropriate to order the release of the applicant temporarily. The applicant be released temporarily upto 16/02/2016 in connection with the Crime No. I-152 of 2015 with Belwandi Police Station, Tq. Shrigonda, Dist. Ahmednagar for the offence punishable under Sections 498A, 304B read with Section 34 of Indian Penal Code with Sections 3 and 4 of Dowry Prohibition Act, upon executing P. R. Bond of Rs. 25,000/- with one surety in the like amount. The present applicant shall attend the nearest police station of his residence on every alternate days so as to mark his attendance. Hamdast allowed.

(N.W. SAMBRE, J.) sut/5.2.16