Smt. Reshma W/O Harun Tamboli And ANR v. The State Of Maharashtra

1 Cr.Apln. 3747.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3747 OF 2015 Smt. Reshma w/o Harun Tamboli & Anr. .... APPLICANTS V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. S.V.Deshmukh, Advocate for Applicants.

Mr. A.S.Shinde, A.P.P. for Resp. - State.

..............................

CORAM : V.M.DESHPANDE, J.

DATE : 31st JULY, 2015 .............................

PER COURT :

1.

By the present application, applicants who are sister-in-law and mother-in-law of deceased Afrin are claiming anticipatory bail since they are apprehending their arrest in connection with Crime No. 64/2015 registered with Bhoom police station, District Osmanabad for the offences punishable u/s 306,498-A,323 read with 34 of the Indian Penal Code. 2.

Heard Mr. S.V.Deshmukh, learned counsel for the applicant and Mr. U.S.Mote, learned A.P.P. for respondent - State.

3.

F.I.R. is lodged by Khalil Tamboli, father of the deceased. Marriage of the deceased was performed with Jahir

2 Cr.Apln. 3747.2015 Shabbir Tamboli on 11/06/2010. F.I.R. reads that for the period of one year, deceased was treated nicely. Subsequently, on account of establishment of medical shop, husband of Afrin started giving illtreatment, physically and mentally, to the deceased.

4.

Allegations made against the present applicants are general in nature. Before committing suicide, deceased has written suicidal note. It does not reflect any allegation against the present applicants. From the prosecution case it is crystal clear that nothing is to be recovered at the instance of the present applicants.

5.

In that view of the matter, present Criminal Application can be allowed. That leads me to pass the following order.

(i) Present Criminal Application is hereby allowed.

(ii) In the event of arrest in connection with Crime No. 64/2015 registered with Bhoom police station, District Osmanabad for the offences punishable u/s 306,498-A, 323 read with 34 of the Indian Penal Code, applicant No. 1 Smt. Reshma w/o Harun Tamboli and applicant No. 2 Smt.

Shahnaj w/o Shabbir Tamboli be released on anticipatory bail on they executing

3 Cr.Apln. 3747.2015 P.R. Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety of like amount by each of them.

(iii) With these observations, Present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 3747.2015