Manik Murlidhar Ritapure And ANR v. The State Of Maharashtra

1 Cri. Appln. 2899-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2899 OF 2016 1] Manik Murlidhar Ritapure 2] Lata Manik Ritapure .. Applicants Vs.

The State of Maharashtra .. Respondent .....

Mr. V.B. Deshmukh, Advocate for the applicant Mr. S.Y. Mahajan, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 17/06/2016 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail in Crime no. 55 of 2016 registered at Shiradhon Police Station, Tq. Kallam, Dist. Osmanabad for the offences punishable under section 306, 323, 506 r/w. 34 of the Indian Penal Code.

3.

It is claimed that the alleged incident took place on 20/3/2016 for which the FIR came to be

2 Cri. Appln. 2899-2016 lodged on 21/3/2016.

4.

The prosecution case is that the applicants' deaf and dumb daughter was used as a tool for the purpose of defaming the deceased-Vijay, who has committed suicide. As such, the offence in question came to be registered.

5.

There are in all four accused named, of which, two accused i.e. Balu and Gajendra are already released on bail.

6.

So far as the applicants are concerned, they are senior citizens and are husband and wife. 7.

The custodial interrogation of the applicants, in my opinion, is not necessary looking to the nature of the allegations made. The ingredients of offence punishable under section 306 of the Indian Penal Code are not satisfied. Hence, the following order:- 8.

In the event of the arrest of the

3 Cri. Appln. 2899-2016 applicants in Crime no.55 of 2016 registered with Shiradhon Police Station, Tq. Kallam, Dist. Osmanabad for the offences punishable under section 306, 323, 506 r/w. 34 of the Indian Penal Code, they be released on bail upon their executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount. 9.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-