Chitra W/O Murlidhar Khansole And Others v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLN/3848/2016 CHITRA MURLIDHAR KHANSOLE AND OTHERS.
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr Ghatol Patil Shahaji B. A APP for Respondents: Mr S D Ghayal ...
CORAM : V.K. JADHAV, J.
Dated: July 20, 2016 ...
PER COURT :- 1.
Heard the learned counsel for the applicants and the learned APP for the Respondent State.
2.
The applicants are seeking pre-arrest bail in connection with Crime bearing No.25/2016 registered at Sonkhed Police Station, Tq Loha, District Nanded for the offences punishable u/s 306, 498-A, 323 r/w 34 of Indian Penal Code.
3.
On the basis of the complaint lodged by one Krishna, aforesaid crime came to be registered. It has alleged in the complaint that, after marriage deceased Priyanka treated well. After some period, she was subjected to cruelty on account of non-fulfilment of certain demands and thereafter she had committed suicide by jumping into the well
alongwith her three children. It has alleged in the complaint that, her husband accused Madhav Wankhede, her in-laws and present applicants abetted commission of her suicide. On the basis of these allegations, present applicants apprehends their arrest at the hands of police. Hence, this application is filed for pre-arrest bail. Their application for similar prayer came to be rejected by the Additional Sessions Judge, Kandhar by order dated 20.6.2016 passed in Criminal M.A. No.76/2016.
4.
Learned counsel for the applicants submits that, the husband of deceased Priyanka namely accused Madhav Wankhede, against whom main allegations have been made, came to be released on bail by the Sessions Court. Furthermore, the parents of Madhav Wankhede also released on bail by this court after their arrest. Learned counsel submits that, applicants No.1 and 2 are the married sisters of accused Madhav and applicant No.3 is a sister taking education at present. Learned counsel submits that, there are general allegations against them and no specific instances have been quoted in the complaint. There is no specific role ascribed to the applicants.
5.
Learned APP submits that, serious allegations have
been made against the applicants. Investigation is yet to be completed. Deceased Priyanka had committed suicide alongwith her three children by jumping into the well on account of the cruelty extended to her by the present applicants and co-accused. Names of the applicants are mentioned in the First Information Report.
6.
On careful perusal of the complaint, it appears that, general allegations have been made against present applicants and no specific incident is quoted ascribing a particular role to the present applicants. Husband and inlaws of the deceased Priyanka came to be released on bail after their arrest. Applicants No.1 and 2 are married sisters of accused Madhav and applicant No.3 is unmarried sister taking education. There is no question of tampering of prosecution evidence nor there is possibility of absconding. In view of the above, I am inclined to grant pre-arrest bail to the applicants. Hence, following order.
O R D E R
I.
Application is hereby allowed.
II.
In the event of the arrest in connection with in connection with Crime bearing No.25/2016 registered with Sonkhed Police Station, Tq. Loha District Nanded for the offences punishable u/s 306,
498-A, 323 read with section 34 of the Indian Penal Code, the applicant No.1Chitra w/o Murlidhar Khansole, 2)- Sarika w/o Dyandev Lokhande and 3)- Soni d/o Balaji Wankhede, be released on bail, on their furnishing P.B of Rs.15,000/- (Rs. Fifteen Thousand) Each with one surety of the like amount by each of them.
III.
Application accordingly disposed of.
( V.K. JADHAV, J. ) ...
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