Pappu @ Durgadas Mahadu Gayakwad v. The State Of Maharashtra And Another

923-aba-1052-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1052 OF 2022 PAPPU @ DURGADAS MAHADU GAYAKWAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. P.S. Koshti h/f Kharate Gajanan T. APP for Respondents : Mr. V.M. Kagne ...

CORAM : S.G. MEHARE, J.

DATED : 30th AUGUST, 2022 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The facts of the case have been discussed in detail in the order dated 12.08.2022. Learned counsel for the applicant would submit that the applicant has no role to play in the family dispute of the deceased and her husband. The husband of the deceased was not well, therefore, he was unable to do the heavy work. The mother-inlaw of the deceased was asking her to do the work and provide medication to her husband.

3.

The learned APP has opposed the application contending that the offence is serious. The applicant was also harassing the deceased. Therefore, he may not be granted anticipatory bail. 4.

Perused the papers. It reveals that there were quarrels between the deceased and her husband. The husband of the deceased

923-aba-1052-2022.odt (2) was unwell and unable to do the heavy work. The applicant and the deceased were residing separately in one common Wada. Considering the facts of the case, this Court is of the view that this is not a fit case for custodial interrogation as nothing is to be recovered from the applicant. Hence, the following order :

ORDER

(A) The Application is allowed.

(B) Interim protection granted to the applicant by order dated 12.08.2022 is confirmed on the same terms and conditions. (S.G. MEHARE, J.) Mujaheed//