← Library
Bombay High CourtBA/1009/2020disposed off

Nilima Gajanan Mohod v. State Of Mah. Thr. Pso Ps Chandur Bazar Tah.Chandur Bazar Dist.Amravati

2020-11-26Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

78BA1009.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1009 OF 2020 (Sau. Nilima Gajanan Mohod Vrs. State of Maharashtra, thr. P.S.O., P.S. Chandur Bazar, Tah. Chandur Bazar, Dist. Amravati) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri R.D. Wakode, Adv. for the applicant.

Shri S.M. Ghodeswar, APP for the non-applicant / State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

NOVEMBER 26, 2020.

Heard Shri Wakode, learned counsel for the applicant and Shri Ghodeswar, learned Additional Public Prosecutor for the non-applicant / State, through Video conferencing.

2.

The applicant is said to be arrested in Crime No. 422/2020 registered at Police Station Chandur Bazar, Tq. Chandur Bazar, District Amravati, for the offence punishable under Section 306 of the Indian Penal Code. 3.

The allegation against the present applicant is that the deceased Vaishali who committed suicide mentioned the name of the present applicant in her suicide note as responsible for her suicide.

4.

In the complaint it is stated that on 04/10/2020 the applicant entered in the house of the complainant and raised a quarrel by saying that Vaishali was having illicit relation with her husband and would commit suicide and would frame Vaishali in the said case.

78BA1009.2020.odt 5.

It appears that instead of applicant, Vaishali committed suicide and framed the applicant in the offence.

6.

Except above there are no other material for abetment or instigation to commit suicide. The applicant being a lady having small children deserves to be released on bail. Hence, the following order :

(i) The applicant - Sau. Nilima Gajanan Mohod be released on bail on executing Personal bond of Rs. 15,000/- with one surety in like amount.

(ii) The applicant shall not leave her local jurisdiction without prior intimation to the concerned police station.

(iii) The applicant shall not give threats to the witnesses or tamper with the evidence. (iv) Needless to say that the aforesaid observations are only for the purpose of deciding this application and the same shall not come in the way of the trial Court to decide the trial.

7.

The criminal application is disposed of accordingly.

JUDGE D.S. Baldwa