Sushilabai W/O. Balasaheb Deshmukh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3068 OF 2017 Sow. Sushilabai w/o Balasaheb Deshmukh, Age 67 years, Occ.

Household, R/o. Taroda (bk) Tq. & Dist. Nanded.

... Applicant.

V E R S U S The State of Maharashtra, through Police Inspector, Bhagya Nagar Police Station, Nanded.

Respondent.

Mr. P. M. Muley, learned counsel for the Applicant Mr. A.A. Jakatkar, A.P.P. for the respondent/State CORAM : K.L. WADANE, J.

DATE : 06 th July, 2017 ORDER :

1.

Heard Mr. Muley, learned counsel appearing for the applicant and learned APP Mr. Jakatkar, appearing for the respondent-State.

2.

One Dattatraya Kadam lodged complaint to the Bhagya Nagar Police Station on 04.05.2017 stating that his daughter namely Sonali was given in marriage to Keshav Balasaheb Deshmukh i.e. another accused. Their marriage took place in the year 2013. After the

marriage Sonali was treated nicely for about six months. Thereafter Sonali used to tell informant on phone that, her husband was beating her on trifle reasons. Subsequently, he demanded a cow. The informant gave a cow. Thereby he demanded an amount of Rs. 40,000/- for doing agricultural work. She further disclosed that, her husband was beating due to the illegal demands.

3.

When Sonali came to the house of the informant for delivery at that time she disclosed that her husband and mother-in-law (present applicant) were illtreating her. Thereafter, the informant sent Sonali to her in-laws house. On 04.05.2017 at about 3 p.m. informant received information that Sonali committed suicide by hanging.

4.

Looking to the specific allegations made against the present applicant and the husband of deceased Sonali, it appears that, there are specific allegations against her husband. He has illtreated and beaten his wife Sonali in order to demand of an amount of Rs. 40,000/-. The allegations against the present applicant is in one sentence i.e. "husband and

in-laws were giving trouble". There are no specific allegations against the present applicant about illtreatment. No particulars are given. Therefore, I am of the opinion that, the applicant can be protected from her arrest. Hence, following order:

O R D E R.

(1) Application is allowed.

(2) In the event of arrest of the applicant in connection with Crime No. 143 of 2017, registered with Bhagya Nagar Police Station District Nanded, she be released on bail on her furnishing P.R. bond of Rs.10,000/- (Rupees ten thousand only), with one surety in the like amount.

(2) The applicant-accused shall not tamper with the prosecution evidence in any manner and to cooperate the further investigation. (3) Criminal Application is disposed-of.

( K.L. WADANE, J. ) mkd/-