Smt. Ashabai Vasanta Jadhav v. The State Of Mah., Thr. P S O, P S , Pusad,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (ABA) No.350 of 2019 (Smt. Ashabai Vasanta jadhav .vs. State of Maharashtra through PSO PS Pusad Gramin, Dist. Yavatmal ) --------------------------------------------------------------------------------------------------------- ---- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. A.V. Band, Advocate for Applicant Mr. N.R. Rode, APP for Non-applicant/State.

CORAM : Manish Pitale, J.

DATED : July 24, 2019.

The applicant herein has approached this Court apprehending arrest in connection with FIR dated 08.03.2019 whereby offence under Section 306 read with 34 of the Indian Penal Code has been registered against her and other co-accused persons. On 12.06.2019 while issuing notice and granting ad-interim protection to the applicant, this Court had observed as follows:- "The applicant herein is one of the accused in FIR registered on 08/03/2019 at the behest of the complainant, who claimed that his daughter (victim) committed suicide due to the activities of the applicant herein and the other accused persons. The allegation of the complainant is that, the applicant herein was having an illicit relationship with the husband of the victim (accused No.1) and that on 19/02/2019 the accused persons had abused and beaten up the victim, due to which she consumed poison and ultimately died on 02/03/2019.

2] It is pointed out by the learned counsel appearing for the applicant that at the time of registration of the FIR, there was no proximate connection between the death of the victim and the applicant herein. It is also stated that all the other accused have been granted anticipatory bail by the Sessions Court.

3] This shows that the applicant has indeed made out a case for grant of ad-interim protection.

4] Issue notice, returnable on 9/07/2019.

5] Mr N. R. Rode, learned A.P.P.

waived notice on behalf of the nonapplicant-State. 6] In the event, the applicant is arrested in Crime No.123 of 2019 registered with Police Station Pusad (Rural), Distt. Yavatmal, she shall be released on furnishing PR bond of Rs.15,000/- and a surety in the like amount.

7] The applicant shall attend Police Station Pusad (Rural) once in a week i.e. on Sunday between 10:00 a.m. and 5:00 p.m. during the pendency of this application.

8] The applicant shall not tamper with the evidence and influence the prosecution witnesses."

2.

The facts noted above in the above quoted order dated 12.06.2019 do indicate that there does not appear to be any proximate connection between the death of the victim and the applicant herein. It is also not the case of the non-applicant/State that the

applicant herein has not abided by the conditions imposed by this Court while granting ad-interim protection.

3.

Accordingly, this application is allowed and the ad-interim protection granted to the applicant stands confirmed on the conditions specified in order dated 12.06.2019. Accordingly, the applicant shall continue to attend the Police Station as directed, till filing of the charge-sheet.

4.

The reply handed over by the learned APP is taken on record.

JUDGE halwai