Shanurbee Masud Pinjari And Others v. The State Of Maharashtra And Another

924-ABA-267-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 267 OF 2023

1. Shanurbee Masud Pinjari

2. Masud Isuf Pinjari

3. Yasmin Asif Pinjari

4. Asif Masud Pinjari

5. Saleha Yasin Mansuri ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Ms. S.A. Kale, Advocate for applicants Mr. K.N. Lokhande, A.P.P. for respondents ....

CORAM : R.G. AVACHAT, J.

DATED : 16th MARCH, 2023 PER COURT :

1.

This is an application under Section 438 of Code of Criminal Procedure. The applicants claim to have an apprehension of being arrested in connection with Crime No. 469 of 2022 registered with Nandurbar City Police Station, Dist. Nandurbar for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code ('I.P.C.'). 2.

F.I.R. has been lodged by father of the deceased. The applicants are the in-laws of the deceased. Even husband of the sister-in-law appears to have not been spared. Admittedly, the deceased did not leave behind any 1 / 2

924-ABA-267-23.odt suicide note. It is true that there are no allegations against husband of the deceased. The F.I.R. suggests that the applicants and the deceased were not residing together. It is alleged that the applicants used to visit her matrimonial home and would tease her as she was deaf and dumb. The deceased used to relate her woes to her father with gestures on video call. 3.

It is reiterated that the deceased did not leave behind any suicide note. The nature of evidence is oral one. Three of the applicants are women. Considering the nature of offence, custodial interrogation of the applicants appear to be unwarranted. The applicants have already been protected vide order dated 24th February, 2023.

4.

In the aforesaid backdrop, application is allowed. Order dated 24th February, 2023, granting ad-interim anticipatory bail, is hereby made absolute. The applicants shall appear before the investigating officer, as and when required for the investigating purpose. The applicants shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2