Bhagwat S/O Hariba Paralkar And ORS v. The State Of Maharashtra

1 appln2475-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2475 of 2015

1. Bhagwat s/o Hariba Paralkar Age 57 years, Occu: Agriculture R/o Sangaon Taluka Ambajogai, Dist.Beed.

2. Parwatibai w/o Bhagwat paralkar Age 50 years, Occupation: Household R/o as above.

3. Bharat s/o Bhagwat Paralkar ... Applicants Age 32 years, Occu: Agriculture R/o As above.

Versus

The State of Maharashtra Through Police Station Yusufwadgaon, Ta. Kaij, Dist. Beed.

... Respondent Mr. Sudarshan J. Salunke, Advocate for the applicants Mrs. S. G. Chincholkar, APP for the Respondent-State.

CORAM

:

V. M. DESHPANDE, J.

DATE :

11th June, 2015 PER COURT :

1.

By the present application, the applicants are seeking their release on bail since they are arrested in connection with Crime No. 13/2015, registered with Police Station Yusufwadgaon, Taluka Kaij, Dist. Beed for the offences punishable under Sections 498-A, 306 r/w 1/3

2 appln2475-15 34 of the Indian Penal Code, 1860.

2.

I have heard Mr. Sudarshan Salunke, learned counsel for the applicants and Mrs. S. G. Chincholkar, learned Additional Public Prosecutor for the State.

3.

Investigating Officer has already completed his entire investigation and chalan is already presented in the court of law. Deceased is one Radhabai. Present applicant No.1 is father-in-law of the deceased whereas applicant Nos 2 and 3 are mother-in-law and brother-in-law of the deceased. According to the first information report, marriage of deceased Radhabai took place with Ashok, son of applicant Nos. 1 and 2 in the year 2001.

It is to be mentioned here that husband Ashok is not accused in the present case. According to the first information report itself, the present applicants were residing separately. According to first information report, since Radhabai was demanding partition in the property which was denied by the applicants, she has committed suicide.

4.

Looking to the nature of such type of allegation available in the charge-sheet and since the applicants were residing separately, 2/3

3 appln2475-15 their further custodial presence is not warranted. Hence I pass following order:

O R D E R

i.

Criminal Application is allowed.

ii. The Applicants shall be released on bail in connection with Crime No. 13/2015, registered with Police Station Yusufwadgaon, Taluka Kaij, Dist. Beed for the offences punishable under Sections 498-A, 306 r/w 34 of the Indian Penal Code, 1860 on their executing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand only) each with one solvent surety in the like amount.

iii. Criminal application disposed of.

(V. M. DESHPANDE, J. ) JPC 3/3