Bombay High CourtBA/44/2016allowed

Nilesh @ Nandkumar S/O Parashram Awate And Others v. State Of Maharashtra, Through P.S.O. Mahagaon Police Station, Yavatmal

2016-02-10Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 44 OF 2016 (NILESH @ NANDKUMAR PARASHRAM AWATE & 2 OTH...VS..STATE OF MAH. THR. PSO PS MAHAGAON, DIST. YAVATMAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 10, 2016.

Heard Shri A.S.Mardikar, learned Senior Advocate a/b. Shri S.G. Joshi, advocate for the applicants and Shri N.B.Jawade, A.P.P. for the non-applicant.

Crime No. 264 of 2015 has been registered against the applicants for the offences punishable under Sections 498-A, 306 r/w 34 of the Indian Penal Code on the allegation that deceased Renuka (wife of applicant No.1) committed suicide because of the ill-treatment meted out to her and because of the demand of Rs.Two Lakhs.

It is undisputed that deceased Renuka was residing with her parents since two months of the incident. The applicant No.1 is Professor in an Engineering College. The applicant No.2 is sister and applicant No.3 is mother of the applicant No.1. Shri Parashram Tukaram Awate father of the applicant No.1, who is also co-accused, is granted pre-arrest bail by the Sessions Court by the order dated 2nd February, 2016. The applicants are in jail since 11th December, 2015.

2 ba44.16 The non-applicant has not been able to show that further custody of the applicants is required. Considering the facts on record, I am satisfied that the applicants are entitled for being released on bail. Hence, the following order :

The applicants be released on bail on their furnishing P.R. Bond in the sum of Rs. Twenty Thousand each with one solvent surety each in the like amount.

The applicant No.1 shall deposit his passport with Police Station, Mahagaon, District : Yavatmal, if it is issued, within two weeks.

The application is allowed in the above terms. JUDGE RRaut..