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Bombay High CourtAPPP/1158/2017allowed

Shri. Tulsidas S/O. Ashokrao Fulmali And Another v. State Of Maharashtra Thr. Police Station Officer Police Station Ramnagar, Wardha

2017-07-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba486.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.1158/2017 IN CRIMINAL APPLICATION (ABA) NO.486/2017 Tulsidas S/o Ashokrao Fulmali and another ..Vs..

State of Maharashtra, through Police Station Officer, Police Station Ramnagar, Wardha - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Surendra Prasad, Adv. for the applicant. Shri M.R. Khan, Adv. for the applicant. ..(in APPP No.1158/2017) Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 17.7.2017.

For the reasons stated in the application, the complainant (father of deceased) is permitted to assist the prosecution. The criminal application is allowed. CRIMINAL APPLICATION (ABA) NO.486/2017 Heard.

Apprehending arrest in connection with Crime No.70/2017 registered by the non-applicant for the offence punishable under Sections 306 and 498-A of the Indian Penal Code and Sections 4 and 5 of the Dowry Prohibition Act, the applicants (son and father) have sought pre-arrest bail.

2 aba486.17 According to the investigating agency, because of constant demand by the applicants from the parents of deceased and because of harassment meted out to her she has committed suicide at her maternal house within one year of marriage.

The application is opposed on the ground that custody of applicants is required for further investigation. The facts on record show that the applicant No.1 and deceased have a male child aged about 3 months. The learned Advocate for the applicants has stated that the child is with the parents of applicant No.1.

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

In the event of arrest in connection with Crime No.70/2017 registered by the non-applicant, the applicant No.2 - Ashok Sambhaji Fulmali be released on bail on executing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand) and furnishing one solvent surety in the like amount.

The application of applicant No.1 - Tulsidas Ashokrao Fulmali is dismissed.

JUDGE Tambaskar.