Kavita W/O. Mangal @ Mangalsing Bhavare And Others v. The State Of Maharashtra And Another

928aba528.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 928 ANTICIPATORY BAIL APPLICATION NO.528 OF 2023

1. Kavita w/o Mangal @ Mangalsing Bhavare & Ors.

...Applicants

VERSUS

2. The State of Maharashtra and Anr.

...Respondents

...

Advocate for Applicants : Mr.Wakale Vijay Shivaji APP for Respondent-State : Ms. R.P.Gaur ...

CORAM : R. G. AVACHAT, J.

DATE : 20.04.2023.

PER COURT :

1.

Heard.

2.

The First Information Report (for short "FIR") has been lodged by the brother of the deceased. It is alleged that the applicants abetted commission of the suicide by the informant's brother. The suicide took place on 11.08.2020. The informant firstly approached to the Police Station on 14.10.2020 i.e. four months after the suicide. When A.D. was registered, the informant did not make any statement to the police. He has moved an application under Section 156 (3) of the Code of Criminal Procedure in March, 2023 i.e. after two and half years

928aba528.23 of the alleged incident of suicide.

3.

It is stated in the FIR that the deceased had recorded his own talks suggesting the applicants to have been responsible to drive him to commit suicide. The Videograph was relied on by the learned Judicial Magistrate, First Class while passing order under Section 156 (3) of the Code of Criminal Procedure. It is informed that the informant instead having asked for the same, did not place it before the Investigating Officer. The allegations in the FIR are that the applicant Kavita, the widow of the deceased, had illicit relations with the applicant Nos. 2 and 3 and therefore, the deceased was driven to commit suicide and ultimately he committed suicide. Considering the allegations in the FIR and the fact of lodging the FIR after two and half years of the alleged incident, no custodial interrogation of the applicants is required. The applicant No. 1 is a lady. In view of the same, the order granting interim protection dated 13.04.2023 is made absolute on the same terms and conditions. The application is allowed and disposed of.

( R. G. AVACHAT ) JUDGE mahajansb/