Draupadabai W/O Kashinath Pache v. The State Of Maharashtra And ANR

G.A.Ghule [P.A.] 1/2 cri.appln. 1211.15..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No. 1211 Of 2015.

DRAUPADABAI W/O KASHINATH PACHE.

VERSUS

THE STATE Of MAHARASHTRA AND ORS.

Appearance => Mr. Vijay Gogdand, Advocate a/with Mr. Sachin Shinde, Advocate for the Applicant.

Mrs. Pratibha Bharad, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

23rd March, 2015.

Per Court :- Present Criminal Application is filed by the applicant for grant of anticipatory bail, since she is apprehending her arrest in connection with CR No. 49/2015 registered with Shevgaon Police Station, Dist. Ahmednagar for the offences punishable under Section.s. 306, 498(A), 504, 506 of the Indian Penal Code, 1860. [2] Heard Mr. Vijay Gogdand, learned counsel for the Applicant and Mrs. Pratibha Bharad, learned Additional Public Prosecutor for the State, in extenso.

[3] According to the learned Additional Public Prosecutor present applicant is prima facie responsible for the death of Archana

2/2 cri.appln. 1211.15..sxw @ Yogita, who has committed suicide on 12th February, 2015 due to ill treatment caused to her by the present applicant, who is mother-inlaw of deceased. [4] First Information Report clearly shows that there is oral dying declaration by Archana @ Yogita to the first informant Balasaheb Vir, who is father of the deceased, which clearly shows that, in the fit of anger, Archana @ Yogita has poured kerosene on her person and set her ablaze. From the aforesaid oral dying declaration, it is absolutely clear that the applicant at least prima facie is not responsible for any instigation to the deceased, who committed suicide. In that view of the matter, I pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) In the event of arrest, applicant Draupadabai w/o Kashinath Pache shall be released on anticipatory bail on she executing P.R. Bond of Rs. 5000/- [Rs. Five Thousand] with one solvent surety in the like amount, in connection with CR No.49/2015 registered with Shevgaon Police Station, Dist. Ahmednagar for the offences punishable under Section.s. 306, 498(A), 504, 506 of the Indian Penal Code, 1860.

(iii) With this Criminal Application is disposed of. (V.M. Deshpande, J.)