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Bombay High CourtAPPLN/1415/2016disposed off

Prasad S/O. Ashok Chambhare v. The State Of Maharashtra

2016-04-01Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cr. Appln. 1415-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1415 OF 2016 Prasad S/o Ashok Chambhare Age : 22 years, Occu. : Agri., R/o : Nahad, Tq. Basmathnagar, Dist. Hingoli .. Applicant (Orig. Accused No.3) Vs.

The State of Maharashtra Through Police Station Officer Hatta Police Station, District : Hingoli .. Respondent ---- Mr. N.V. Gaware, Advocate for the applicant Mr. U.S. Mote, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 01/04/2016 ORAL ORDER :

Heard both sides.

2.

The present applicant, who is apprehending arrest at the hands of Hatta Police Station, Tq. Hatta, Dist. Hingoli in crime no. 57 of 2015 for the offences punishable under section 306, 324, 323, 504, 506 r/w. 34 of the Indian Penal Code, is praying for his release on bail, in the event of his arrest.

3.

The complaint of the sister-in-law of the

2 Cr. Appln. 1415-2016 present applicant would show that he alongwith his mother and brother i.e. husband of the complainant had started quarreling with the complainant on some issue, as to why she had not brought the meal. The deceased Bapurao Chambhare, who is the grandfather of the present applicant intervened in the same. In the said incident, the said deceased was also insulted. 4.

The husband and the mother-in-law of the complainant continued to beat the complainant with a belt. As the deceased was insulted by his own grandsons and his daughter-in-law, he ultimately committed suicide and, therefore, the offence came to be registered.

5.

Upon hearing both sides, it is transpired that while the allegations of the assault on the complainant and the deceased are made against the husband and the mother-in-law of the complainant, so far as present applicant is concerned, the allegations are that he joined in giving abuses and insulting the complainant as well as the deceased.

6.

Considering all the facts on record, in my

3 Cr. Appln. 1415-2016 view, the custodial interrogation of the applicant is not required. In the circumstances, the following order:- 7.

The Application is allowed.

8.

In the event of the arrest of the applicant in crime no. 57 of 2015 registered at Hatta Police Station, Tq. Hatta, Dist. Hingoli for the offences punishable under section 306, 324, 323, 504, 506 r/w. 34 of the Indian Penal Code, he be released on bail, upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) and also upon furnishing surety in the like amount.

9.

The applicant shall attend the Investigating Officer, as and when reasonably called for the purposes of investigation/interrogation.

10.

Application stands disposed of accordingly.

Sd/- [M.T. JOSHI] JUDGE arp/