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Bombay High CourtABA/430/2021disposed off

Akash S/O. Samadhan Bage v. The State Of Mah. Thr. Pso Pimpalgaon Raja Ps Tq. Khamgaon, Dist. Buldhana

2021-07-29Hon'Ble Shri Justice S.M. Modak2 pages

Order 13 aba 430-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.430/2021 Shri Akash s,o Samadhan Bage, -VERSUSState of Maharashtra, through PSO, PS Pimpalgaon Raja, Tah. Khamgaon, Dist. Buldhana. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri S.N. Nandeshwar, Advocate for applicant. Shri I.J. Damle, APP for non-applicant.

CORAM : S.M. MODAK , J.

DATE : JULY 29, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard learned Advocate for the applicant and learned Additional Public Prosecutor.

3.

Manisha Anil Bage, daughter of first informant, committed suicide on 13/05/2021 at about 11.30 a.m. by consuming poisonous medicine. She died in the Government Hospital at Khamgaon. There is previous background for this incident. The deceased was beaten on 13/05/2021 in the morning hours, in the house of one Sopan Ramchoure by all the accused namely Satyabhama Ramchoure, Mirabai Bage (wife of present applicant) and other accused persons. The deceased felt ashamed and committed suicide.

4.

The police personnel of Pimpalgaon Raja Police

Order 13 aba 430-2021 Station, District Buldhana registered an offence on 14/05/2021 under Sections 306, 323, 504 and 506 read with 34 of the Indian Penal Code. The Court of Additional Sessions Judge, Buldhana rejected the anticipatory bail application for the reason of seriousness of the offence and necessary of custodial interrogation.

5.

I perused the investigation papers. Though, in the First Information Report, present applicant is not named, later on, in the supplementary statement of the witnesses he has been named. This Court has also granted anticipatory bail to accused Kaminabai Bage, Mirabai Bage and Pushpa Bage, as per the order dated 24/06/2021, in Criminal Application (ABA) No.342/2021.

6.

Considering the allegations against the applicant, this Court does not feel that his custodial interrogation is required. Hence, the following order:

i) The investigating officer of Pimpalgaon Raja Police Station, District Buldhana is directed to release the applicant on furnishing personal bond and surety bond of Rs.25,000/-.

ii) The applicant to attend the Police Station as and when required by the police.

JUDGE R.S. Sahare