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Bombay High CourtABA/475/2020allowed

Sau, Sushila W/O Kashinath Shinde v. State Of Mah.Thro.P.S.O. , P.S. Umerkhed, Tah. Umarkhed,Dist Yavatmal.

2020-07-10Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

24 LDVC ABA 459.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LD-VC-CRIMINAL APPLICATION (APPP) NO. 671 OF 2020 IN LD-VC-CRIMINAL APPLICATION (ABA) NO. 459 OF 2020 (Sau. Sushila w/o Kashinath Shinde & Ors. Vs. State of Maharashtra) (Vishnu s/o Bhagwanrao Kadam - Applicant/Intervenor) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.N. Patre, Advocate for the applicants. Shri R.D. Wakode, Advocate for the intervenor. Shri A.V. Palshikar, A.P.P. for the State.

CORAM : PUSHPA V. GANEDIWALA, J.

JULY 10, 2020.

Heard the learned counsel for the parties through Video Conferencing and they agreed that the audio and visual quality was proper.

2.

This is an application seeking permission to assist the prosecution.

3.

On due consideration, the same is allowed.

4.

The Criminal Application is disposed of accordingly.

LD-VC-CRIMINAL APPLICATION (ABA) NO. 459 OF 2020.

5.

Perused the application, documents and the affidavit-in-reply filed on behalf of the State. 6.

Undisputedly, the main accused in the instant case is already behind the bar. Applicant Nos.2 and 3 have already withdrawn their applications and accordingly, their names have been deleted from the

24 LDVC ABA 459.2020 record.

7.

With regard to applicant No.1, she is the wife of the main accused and admittedly, no specific role is attributed to her with regard to the alleged offences.

8.

The main dispute between the parties is with regard to approach road to the field of the deceased through the field of the applicant No.1. 9.

It is alleged that the deceased, who had fed up with the continuous harassment from the main accused, even after getting relief from the Revenue Courts, took the drastic step of suicide.

10.

Considering the fact that there is no specific role attributed to applicant No.1, I am of the view that no custodial interrogation is required and accordingly, the protection granted to her by this Court vide order dated 25/06/2020 is hereby confirmed on the same conditions with a rider to attend the concerned Police Station on the first Monday of each month, pending trial.

11.

The Criminal Application is disposed of accordingly.

12.

This order be communicated to the counsel appearing for the parties, either on the email address or on Whats app or by such other mode, as is permissible in law.

JUDGE Sumit by Gopichand Shamdasani Date: 2020.07.10 16:06:36 +0530 Gopichand Shamdasani