Ratan Chendaji Dhivar And Another v. The State Of Maharashtra And Another

1 Cr.Apln. 1557.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1557 OF 2015 Ratan Chendaji Dhivar & Anr.

.... APPLICANTS V E R S U S The State of Maharashtra & Anr. .... RESPONDENTS .............................

Mr. R.R.Karpe, Advocate for Applicants.

Mr. A.S.Shinde, A.P.P. for R - 1 State.

..............................

CORAM : V.M.DESHPANDE, J.

DATE : 13th APRIL, 2015 .............................

PER COURT :

1.

The applicants, who are father-in-law and motherin-law of deceased Ashwini are apprehending their arrest in connection with Crime No. 39/2015 for the offences punishable u/s 498-A,323,504,506 read with 34 of the Indian Penal Code registered with Police Station Loni, district Ahmednagar.

2.

Heard Mr. R.R.Karpe, learned counsel for the applicants and Mr. A.S.Shinde, learned A.P.P. for respondent No. 1 - State.

3.

Husband of deceased Ashwini by name Nitin is

2 Cr.Apln. 1557.2015 already released on bail by the learned trial Court. F.I.R. is lodged by Rambhau, who is maternal grand-father of deceased. Said report shows about the general allegation against the present applicants about demand.

4.

Learned A.P.P. pointed out that on 19/01/2015, statement of Ashwini [deceased] was recorded, which shows that she suffered burn injuries due to blast of the stove. Summary of the admission of Ashwini till her death in Pravara Medical Trust's Rural Medical College & Pravara Rural Hospital, Loni shows that Ashwini suffered burn injuries due to blast of the stove.

5.

Looking to the nature of accusations made against the present applicants, who are father-in-law and mother-inlaw of the deceased and in view of the fact that no allegations were made against present applicants in the statement of the deceased which was recorded on 19/01/2015, custodial presence of the applicants is not at all necessary. 6.

Hence, I pass the following order.

(i) The present Criminal Application is allowed.

(ii) In the event of their arrest, in connection with Crime No. 39/2015 for the offences punishable u/s 498-A,323,504,506 read with 34 of the Indian Penal Code registered with Police Station Loni, district Ahmednagar

3 Cr.Apln. 1557.2015 applicant No. 1 Ratan Chendaji Dhivar and applicant No. 2 Shalinibai Ratan Dhivar be released on anticipatory bail on they executing P.R. Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety in like amount by each of them.

(iii) With these observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 1557.2015