Pravin S/O. Prabhakar Rade (In Jail) And Another v. The State Of Maharashtra Thr. Police Station Officer, Police Station Hinganghat Dist. Wardha

1 ba488.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 488 OF 2017 (PRAVIN PRABHAKAR RADE & ANR...VS.. STATE OF MAH. THR. P.S.O. HINGANGHAT, WARDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Amit A.Choube, Advocate for Applicant.

Shri M.J.Khan, A.P.P. for Non-applicant.

Shri R.V.Malviya, Advocate for Complainant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 22, 2017.

CRI. APPLN.(APPP) NO.980/2017 The application filed on behalf of the complainant praying for leave to assist the prosecution is allowed. CRI. APPLN.(BA) NO.488/2017.

Heard.

The applicants (son and father) are arrested in crime registered against them and mother of applicant No.1, for the offences punishable under Sections 304-B, 306, 498-A read with Section 34 of the Indian Penal Code on the accusations that because of the ill-treatment meted out by the accused to deceased Sapna and because of demand of dowry, Sapna committed suicide. The co-accused Asharani (mother of applicant No.1) is released on bail as per the order passed by the Sessions Court in Misc. Criminal Application No. 451 of 2017 on 1st April, 2017.

The First Information Report lodged by father of the deceased does not disclose name of applicant No.2Prabhakar (father-in-law of deceased). The applicant No.2, aged about 54 years, claims to be in private service and has

2 ba488.17 stated that he is not involved in any other crime/ offence. The investigation is complete and charge-sheet is filed on 22nd April, 2017. According to the applicants, the applicant No.1 and deceased have three year old girl who is presently with Ashabai (mother of applicant No.1).

Considering the facts of the case, following order is passed :

Applicant No.2-Prabhakar Shankarrao Rade, having been arrested in Crime No. 17 of 2017 registered by the non-applicant, he be released on bail on executing P.R. Bond for Rs.Fifty Thousand and furnishing two solvent sureties for an amount of Rs.Twenty Five Thousand each. The application of applicant No.2-Prabhakar Shankarrao Rade is allowed in the above terms. As far as the applicant No.1-Pravin Prabhakar Rade is concerned, father of deceased has made specific accusations against him in the first information report. The deceased has committed suicide within three years of marriage and the incident has occurred in the house of the applicant No.1.

Considering these facts, I am not inclined to grant application of the applicant No.1.

The application of applicant No.1-Pravin Prabhakar Rade is dismissed.

JUDGE RRaut..