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Bombay High CourtBA/665/2018allowed

Sunil S/O. Bhimrao Gavhane And Another v. The State Of Maharashtra Thr Police Station Mehkar Dist. Buldhana

2018-07-25Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba665of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 665 OF 2018 (Sunil s/o. Bhimrao Gavhane and anr..vs.. The State, thr PSO, PS Mehkar ) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.D. Narwade, counsel for applicants.

Shri S.S. Doifode, APP for non-applicant.

CORAM: ROHIT B. DEO, J.

DATE: 25 th July, 2018.

Heard.

Reply of the State is taken on record.

The wife of applicant - 1 Sunil, Anuradha allegedly committed suicide by jumping into a well on 10.1.2018.

Applicant - 2 is the mother of applicant - 1 Sunil. Alongwith the applicants, Anil and Rupali the brother in law and sister in law of the deceased and Bhimrao the father in law of the deceased are arrayed as accused. Anil and Rupali are released on bail by the Sessions Court while Bhimrao is granted bail by this Court.

Perusal of the First Information Report lodged by the father of the deceased would reveal that it is difficult to distinguish between the role attributed to the present applicants and the role attributed to Bhimrao who is released on bail by this Court. The investigation is complete and the chargesheet is filed. It is not even the case of the

ba665of18.odt 2 prosecution that the applicants are likely to flee away from the course of justice or that they are in a position to tamper with the evidence.

I do not see any justification for further incarceration of the applicants. This application shall have to be allowed. The application is allowed.

The applicants be released on furnishing personal bond of Rs. 15,000/- each along with one solvent surety of the like amount.

The applicants shall not tamper with the evidence nor shall they attempt to influence the witnesses in any manner.

JUDGE RSB