Namdeo Rambhau Thorat And ORS v. The State Of Maharashtra

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2239 OF 2015 1] Namdeo Rambhau Thorat 2] Jijabai Namdeo Thorat 3] Mangal Rajendra Thorat 4] Sonali Bhausaheb Thorat .. APPLICANTS

Versus

State of Maharashtra .. RESPONDENT ...

Shri S.T.Shelke,Advocate for applicants Smt.S.G.Chincholkar,APP for respondent State Shri Sachin Salgare, Adv. To assist APP.

...

CORAM : V.M.DESHPANDE,J.

DATED : 5TH MAY, 2015 ORDER :- 1] This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicants are arrested in connection with Crime No.I-53/2015 registered with Police Station Sangamner, District Ahmednagar for the offences punishable under Sections 498A, 304-B r/w 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961.

-22] The applicant no.1 and applicant no.2 are the father in law and mother in law of deceased Sangita. Applicant nos.3 and 4 are the wives of brother of Sanjay who is the husband of deceased Sangita. 3] I heard Shri S.T.Shelke, learned counsel for applicants and Smt.Chincholkar, learned Additional Public Prosecutor for the State and Shri Salgare, learned counsel for the first informant. 4] The First Information Report is lodged on 30/3/2015 by Lata Gavane the mother of deceased Sangita. Marriage of Sangita was performed on 11/3/2012 with Sanjay who is already arrested and is in jail. According to the prosecution, there was a persistent demand to Sangita @ Rupali due to which she has hanged herself in her matrimonial house.

5] The First Information Report would reveal that the allegations against present applicants are most general in nature. No specific allegations are made against any of the present applicants. The First Information Report shows that on the date of the incident, her husband has assaulted deceased Sangita. According to the First Information Report itself the applicants resided separately though in the neighbourhood of deceased Sangita.

6] Looking to the nature of the accusation, the further custodial presence of the present applicants is not warranted. Hence I pass the following order :

ORDER

I] The Application is allowed. The applicants Namdeo Rambhau Thorat, Jijabai Namdeo Thorat, Mangal Rajendra Thorat and Sonali

-3Bhausaheb Thorat be released on bail on their executing PR bond of Rs.10,000/- (Rs.Ten Thousand only) with one solvent surety in the like amount by each of them in connection with Crime No.I-53/2015 registered with Police Station Sangamner, District Ahmednagar for the offences punishable under Sections 498-A, 304-B r/w 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961. II] Bail before Trial Court.

(V.M.DESHPANDE,J.) umg/