Gajanan S/O Maroti Sangokar v. The State Of Maharashtra Thr. Pso Ps Balapur Dist. Akola

2024:BHC-NAG:5293

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.223 OF 2024 (Gajanan s/o Maroti Sangokar and anr. Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. M.V. Bute, Advocate for the applicant.

Mr. A.B. Badar, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- APRIL 30, 2024.

Apprehending the arrest at the hands of police in connection with Crime No.171/2024 registered with Police Station, Balapur, District Akola for the offences punishable under Sections 306, 304-B and 498-A read with Section 34 of the Indian Penal Code and Sections 4 and 5 of the Dowry Prohibition Act, 1961, the applicants approached this Court for grant of pre-arrest bail. 2.

Learned Counsel for the applicants submitted that the applicants are the in-laws of the deceased. The marriage of the deceased was performed with the son of the present applicants on 28.04.2019. After marriage, she resumed the cohabitation at the house of the present applicants and as per the allegation she was not treated well by the present applicants and other co-accused. Being fed-up with the same, she committed suicide on 13.03.2024. On the basis of the said report, police have registered the crime.

3.

He further submitted that as far as the present applicants are concerned, who are in-laws of the deceased and the general allegations are made against them. Their immediate custodial interrogation is not required as husband and brother-in-law of the deceased are already arrested by the Investigating Officer. In view of that, interim protection granted to them deserves to be confirmed.

4.

Learned APP strongly opposed the application on the ground that within seven years of marriage, the deceased has committed the suicide. Considering the death of the deceased is occurred in the matrimonial house and there is a specific allegation against applicant No.1 the application deserves to be rejected. 5.

After hearing both the sides and on perusal of the investigation papers, admittedly, the general allegations are made against the present applicants. Moreover, the co-accused husband and the brother-in-law are already arrested, no investigation is to be carried out by taking the present applicants in the custody. In view of that, the interim protection granted to the present applicants deserves to be confirmed.

6.

Hence, the application is allowed and the adinterim protection granted to the present applicants vide order dated 04/04/2024 is hereby confirmed on the same terms and conditions.

7.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya