Vijay S/O. Ramesh Chatarkar (In Jail) v. State Of Maharashtra Thr. Police Station Officer, Police Station Shirpur Tah. Malegaon Dist. Washim

1 ba180.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 180 OF 2017 (VIJAY RAMESH CHATARKAR...VS.. STATE OF MAH. THR. P.S.O. PS SHIRPUR, DIST: WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D.Chande, Advocate for applicant.

Shri M.J.Khan, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 13, 2017.

Heard.

The applicant is arrested on 30th April, 2016 in crime registered against him and 6 others including father, mother and brother of the applicant for the offences punishable under Sections 304-B, 498-A read with Section 34 of the Indian Penal Code. The accusations against the applicant are that he was regularly pressurizing deceased to bring amount from her parents.

According to the investigating agency, the applicant had earlier demanded Rs.40,000/- to purchase a pair of bullocks, however, as the parents of the deceased could not arrange for the amount they had given a pair of bullocks owned by them to the applicant. Then, according to the Investigating Agency, after sometime the applicant demanded Rs.50,000/- to purchase an auto-rickshaw and because of such illegal demands she committed suicide. The application is opposed on the ground that the marriage between the applicant and deceased was solemnized

2 ba180.17 on 30th April, 2016 and within four months the deceased committed suicide on 29th August, 2016.

The investigation is complete and chargesheet is filed on 24th November, 2016. The Investigating Agency has not been able to show that custody of the applicant is required for further investigation. There is nothing on record to show that the applicant is habitual offender and is involved in any other crime/ offence.

Considering the facts of the case, in my view, the applicant is entitled to be released on bail. Hence, the following order:

The applicant having been arrested in Crime No. 129 of 2016 registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.Fifty Thousand and two solvent sureties in the like amount.

The applicant shall attend the trial on every date before the Sessions Court unless granted exemption by the Sessions Court.

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