Shri. Pramod S/O. Vasantrao Armarkar (In Jail) v. State Of Maharashtra Thr. Police Station Nandanwan Nagpur

1 ba131.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 131 OF 2017 (PRAMOD VASANTRAO ARMARKAR...VS.. STATE OF MAH. THR. P.S.O. PS NANDANWAN, DIST. NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. S. A. Dutonde, Advocate for Applicant.

Shri. N. R. Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 12 th JUNE, 2017.

The applicant is arrested on 31st August, 2016 in crime registered against him for the offences punishable under Sections 306 and 498-A of the Indian Penal Code, on the accusation that the applicant's wife committed suicide because of harassment and cruel treatment by the applicant. The application is opposed on the ground that the statement given by the father of the applicant and the son of the applicant (aged about 14 years), show that the applicant meted cruel treatment to the deceased.

The applicant is aged about 40 years. The marriage between the applicant and deceased was solemnized in 2001. The charge-sheet is filed. In the reply filed before the Sessions Court (the copy of which is placed on record of this application), the Investigating Agency has not been able to point out that custody of the applicant is required for further investigation. The learned advocate for the applicant has stated that the son of the applicant is residing with the maternal grand parents.

2 ba131.17 Considering the facts of the case, I am of the view that the applicant is entitled to be released on bail, however, on conditions as imposed by this order.

(i) The applicant, having been arrested in Crime No.311 of 2016, registered by the non-applicant, be released on bail on furnishing P. R. Bond of Rs.20,000/- and two solvent sureties in the like amount.

(ii) The applicant shall attend the proceedings before the Sessions Court on every date unless granted exemption by the Sessions Court.

(iii) The applicant shall not meet his son unless granted permission by the Sessions Court by an order passed after hearing the prosecution and maternal grand parents of the son.

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