Ghansham S/O Pentanna Kachkal And Others v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3902 OF 2016 1.

Ghansham s/o Pentanna Kachkal, 2.

Bharti s/o Ghansham Kachkal, 3.

Rushikesh s/o Ghansham Kachkal, 4.

Mohini alias Teju d/o Ghansham Kachkal, All R/o. Subhedar Galli, Ahmednagar, Tq. & Dist. Ahmednagar.

..APPLICANTS

VERSUS

The State of Maharashtra Through the Police Sub Inspector, Kotwali Police Station, Ahmednagar, Tq. & Dist.Ahmednagar.

..RESPONDENT Mr R.S. Deshmukh, Advocate for applicant;

Mr A.S. Shinde, Addl. Public Prosecutor for respondent/State CORAM : N.W. SAMBRE, J.

DATE : 5th August, 2016 ORDER :

Deceased Puja, daughter of complainant Shivaji, was married to son of applicant Nos. 1 and 2 namely Shrikant on 27th November, 2015.

(2) 2.

It is claimed in the first information that since there was cash demand and also demand for LCD TV, cruelty and illtreatment was meted out to Puja, resulting into committing suicide by her on 15th June, 2016. Puja died before she could be hospitalized, as she sustained 100% burns. As such, upon complaint, Crime No. I-201 of 2016 came to registered with Kotwali Police Station, District Ahmednagar, for the offence punishable under Sections 306, 498-A, 323, 504, read with Section 34 of the Indian Code.

3.

Perused the investigation papers. The investigation papers depict that there is no direct evidence so as to connect the applicants to the crime in question. It is required to be noted that though there is presumption under Section 113-A and 113-B of the Indian Evidence Act, still the spot panchnama and other documents, if perused, could be noticed that there were attempt on the part of the applicants to extinguish the fire.

(3) 4.

Apart from above, the applicants who were arrested on 16th June, 2016 were subjected to the custodial interrogation.

5.

No purpose will be served by ordering further detention of the applicants.

6.

In view of above, in my opinion, the applicants needs to be released on bail. Hence, the following order :- The applicants be released on bail, in connection with Crime No. I-201 of 2016 came to registered with Kotwali Police Station, District Ahmednagar, for the offence punishable under Sections 306, 498-A, 323, 504 read with Section 34 of the Indian Code, upon furnishing P.R. bond of Rs.15,000/- with one surety in the like amount. 7.

Criminal Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe