Parmeshwar S/O Rangnath Jogdand And Others v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4177 OF 2016 1.

Parmeshwar s/o Rangnath Jogdand, Age : 40 years, Occu.Agricultural Labour, R/o Yeota, Tq. Kaij, Dist. Beed 2.

Rangnath s/o Balbhim Jogdand, Age : 77 years, Occu. Nil, R/o Yeota, Tq. Kaij, Dist. Beed 3.

Sow. Dhrupada w/o Rangnath Jogdand, Age : 73 years, Occu. Household, R/o as above 4.

Bapu @ Balbhim Rangnath Jogdand, Age : 38 years, Occu. Agriculture Labour, R/o as above ..APPLICANTS

VERSUS

1.

The State of Maharashtra Through Police Station, Kaij, Tq. Kaij, Dist. Beed 2.

The Superintendent of Police, Beed, Dist. Beed ..RESPONDENTS Mr K.J. Suryawanshi, Advocate holding for Mr R.T. Deshmukh, Advocate for applicants;

Mr S.J. Salgare, Addl. Public Prosecutor for respondents CORAM : N.W. SAMBRE, J.

DATE : 8th August, 2016 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail, in connection with C.R. No.162 of 2016, registered with Kaij police station, Tq. Kaij, Dist. Beed, for

(2) offences punishable under sections 306, 498-A read with section 34 of the Indian Penal Code.

3.

Learned Counsel appearing on behalf of the applicants, upon instructions, does not press the application for grant of pre-arrest bail to applicant no.1 Parmeshwar s/o Rangnath Jogdand. Hence, the application to the extent of applicant no.1 Parmeshwar s/o Rangnath Jogdand, stands dismissed.

4.

So far as applicants no.2 to 4 are concerned, applicant no.2 Rangnath and applicant no.3 Dhrupada are the in-laws of deceased Urmila, with whom applicant no.1 Parmeshwar married some thirteen years back. Applicant no.4 Bapu @ Balbhim is the brother-in-law of deceased Urmila. It is claimed that offence punishable under section 306 of the Indian Penal Code is committed by the applicants, as they have demanded amount from deceased Urmila and her family members for purchase of agricultural land.

5.

Having regard to the nature of allegations in the first information report, particularly the fact that the marriage between applicant no.1 and deceased was some thirteen years back and the couple was blessed with two issues and in absence of any other piece of evidence, but for the statements of parents of deceased Urmila, in my opinion, applicants no.2 to 4 deserve to be enlarged on pre-arrest bail. I, therefore, pass following order :- Application, to the extent of applicant no.1 Parmeshwar s/o Rangnath Jogdand, stands dismissed as not pressed. In the event of arrest of the applicants no.2 to 4, namely, Rangnath s/o Balbhim Jogdand; Sow. Dhrupada w/o Rangnath Jogdand and Bapu @ Balbhim Rangnath Jogdand, in connection with C.R. No.162 of 2016, registered with Kaij police station, Tq. Kaij, Dist. Beed, for offences

(3) punishable under sections 306, 498-A read with section 34 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. Applicants no.2 to 4 shall attend the concerned police station initially on 22nd and 23rd August, 2016, between 10.00 a.m. and 12 noon and thereafter as and when called by the Investigating Officer. Applicants no.2 to 4 shall not tamper with prosecution evidence or influence witnesses.

Criminal Application stands partly allowed in above terms. (N.W. SAMBRE, J.) amj