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Bombay High CourtAPPLN/6558/2014disposed off

Smt Kantabai W/O Dayanand Bhosle And Others v. The State Of Maharashtra

2015-01-13Hon'Ble Shri Justice T.V. Nalawade3 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6558 OF 2014 WITH APPLN/6656/2014 IN APPLN/6558/2014 SMT KANTABAI W/O DAYANAND BHOSLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Magre Sunil G APP for Respondent: Mr. M. M. Nerlikar.

Advocate for Intervenor: Mr. Jaiswal Rupesh.

***

CORAM:

T. V. NALAWADE, J.

DATED:

13th JANUARY, 2015.

PER COURT:

1.

The application is filed for anticipatory bail. Both the sides are heard. This Court has perused the papers of investigation, including the suicide note. 2.

The crime is registered on the basis of report given by brother of the deceased. The deceased was involved in a crime for offence punishable under sections 420, 471, 34 etc. of I.P.C. and report against him was given on 8th November, 2014 by applicant No.1. Applicant Nos.2 and 3 are daughters in law of Applicant No.1. She had

-:(2):- made allegations that the deceased deceived and caused loss of Rs.50 Lakhs. The news items were published in almost all new papers about the registration of the crime and there was the name of the deceased in all the news items as his name was mentioned in the F.I.R. It is the case of the complainant that on 10th November, 2014 he met the deceased who was apparently missing, he was not available to police. It is his case that the deceased was blaming the present applicants for registration of crime. Ultimately, he committed suicide by hanging himself in a room of hotel. He left behind the suicide note in which he has blamed the present applicants for his suicide. On one hand there are allegations against him that he had committed fraud and he had deceived the complainant for causing loss of around Rs.50 Lakh and on the other hand there is allegation of the deceased that he was defamed due to registration of crime.

3.

In view of nature of allegations, this Court holds that the applicants need to be protected.

4.

In the result, the application is allowed. The interim relief granted in favour of the applicants is confirmed.

-:(3):- 5.

The application, to assist the learned A.P.P., is allowed.

6.

For a period of one month the applicants to attend the concerned police station on every Sunday between 09.00 a.m. and 12.00 noon and they are to cooperate the police during investigation.

[T. V. NALAWADE, J.] Dt.13/01/2015 ans/6558