Popatrao Dhondiram Jadhav And Others v. The State Of Maharashtra
2024:BHC-AUG:4769
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1910 OF 2023
1. Popatrao Dhondiram Jadhav
2. Nandabai W/o Popatrao Jadhav
3. Sanket S/o Popatrao Jadhav ...Applicants
VERSUS
The State Of Maharashtra ... Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 2021 OF 2023 Sachin Popatrao Jadhav ... Applicant
VERSUS
The State Of Maharashtra And Another ... Respondents.
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Mr. S.S. SHinde, Advocate for Applicants in ABA/1910/2023 Mr. S.J. Salunke, Advocate for Applicant in ABA/2021/2023 Mr. N.B. Patil, APP for Respondents - State Mr. B.A. Dhengale, Advocate for Informant.
......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 05th MARCH, 2024 ORDER :
1.
Applicants apprehend arrest in connection with Crime No. 0348 of 2023 registered with Satara Police Station, District-Aurangabad for offence punishable under sections 498-A, 306 read with section 34 of the Indian Penal Code. 2.
FIR is lodged by Bhagwan Manikrao Kolte alleging that his daughter Anjali was married with accused Sachin in
the year 2018. Daughter Reva was born out of the wedlock. For 2-3 years daughter's marital life went on well. Since last one year, physical and mental ill-treatment was given to Anjali by her in-laws for bringing money from her maternal home. Anjali had repeatedly informed about ill-treatment on phone. Informant used to convince her that after few days everything will be alright. In the year 2021, he along with Janardan Jadhav went to Anjali's matrimonial home and told them if there is something wrong on the part of Anjali, She may be forgiven and she should not be ill-treated. On 24.10.2023 at about 3.00 p.m., Sachin called informant and told him to take away Anjali and as she has locked the door from inside. Informant told him that today is Dussehra festival and he will come on the next day.
When Anjali's mother requested Sachin to give phone to Anjali, he did not give phot to Anjali. Anjali's mother then called on Anjali's cellphone, but there was no reply. At about 4.00 p.m. Sachin again called and informed that, Anjali has expired and her postmortem is going on at Ghati Hospital. Informant along with relatives rushed to the Ghati Hospital and saw that there were marks on the neck of Anjali. He therefore alleged that Anjali's in-laws gave her trouble for bringing money spent by them for medical treatment for daughter Reva. Hence, she committed suicide.
3.
Heard learned advocates for applicants, learned APP for Respondents- State and learned advocate for informant. Perused the investigation papers.
4.
Except statements of close relatives of informant, there is nothing on record to support the allegations made in the FIR. Applicant Sachin and his brother Sanket are practicing advocates. Applicant Popatrao Jadhav, their father is in private service and applicant Nandabai Jadhav their mother, is aged 53 years. FIR is registered on 24.10.2023 and by now substantial investigation is done and nothing is to be recovered from applicants.
5.
Considering the allegations made in the FIR, and as pre-trial custodial detention of applicants is not necessary, applications are allowed by confirming interim protection granted to applicants by orders dated 09.11.2023 and 12.12.2023, respectively.
[ NITIN B. SURYAWANSHI ] JUDGE