Rehman Mehmood Attar v. The State Of Maharashtra And Others

( 1 ) 2 ba 1262.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1262 OF 2020 WITH APPLN/2021/2020

1. REHMAN S/O MEHMOOD ATTAR

2. TANUJA W/O REHMAN ATTAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Bhosle Abhaysinh K. APP for Respondents/State : Mr. R.V. Dasalkar ...

CORAM : M.G. SEWLIKAR, J.

DATE : 18.11.2020 (Vacation Court) ORDER :- Heard Shri Bhosle learned counsel for the applicants and Shri Dasalkar learned APP for the State.

2.

This is a bail application under Section 439 of the Cr.P.C. The FIR is lodged against the applicants and the husband of deceased-Shabana. The deceased Shabana was the daughter of the informant. The span of marriage was a little more than seven years. According to the prosecution, the deceased was subjected to ill-treatment on account of non fulfilment unlawful demand of Rupees Two Lakhs for setting up a bangle shop. On account of non fulfilment of this unlawful demand the applicants used to beat her, abuse her and she was driven out of the house when the applicants realised that the

( 2 ) 2 ba 1262.20 deceased would not fulfil their unlawful demand. On 08.09.2020 the informant learnt that the deceased-Shabana ended her life. Accordingly, FIR was lodged on 09.09.2020.

3.

Learned Additional Sessions Judge has rejected the bail application. On persual of the copy of the charge-sheet produced by the applicants i.e. applicant no.1-father in law and applicant no.2 the mother in law, it appears that the allegations against them are general in nature. The offence is not punishable with death or imprisonment for life. By putting some conditions the applicants can be released on bail. Hence, the following order is passed:

ORDER

I) The application is allowed.

II) The applicants be released on bail in connection with Crime No. 224 of 2020 registered with Bidkin Police Station, Aurangabad for the offences punishable under Section 498-A, 306 read with Section 34 of the I.P.C. on furnishing PR bond of Rs.15,000/- (Rupees Fifteen Thousand) with one solvent surety each in the like amount and on condition that they shall not pressurise the witnesses.

III) Application No.2021 of 2020 filed for assist to APP is allowed. [M.G. SEWLIKAR, J.] mub