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Bombay High CourtABA/672/2022disposed off

Sharda W/O Sandip Jamnik v. The State Of Mah. Thr. Pso Ps Ural Dist.Akola

2022-09-27Hon'Ble Shri Justice Anil S. Kilor2 pages

8-aba-672-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 672 OF 2022 Sharda w/o Sandip Jamnik Versus State of Maharashtra, through PSO., P.S.Ural, District Akola.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri T. Deshpande, Advocate for the applicant. Shri S.M. Ghodeswar, APP for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 27/09/2022 Heard.

2.

The applicant is seeking pre-arrest bail in connection with Crime No.219/2022 registered with Police Station, Ural, District Akola for the offences punishable under Sections 498-A, 304-B, 306, 504, 506 and Section 34 of the Indian Penal Code, 1860. 3.

Admittedly, the applicant is not the relative of the deceased. However, the allegations are that the husband of the deceased had illicit relations with the applicant and because of it, the deceased committed suicide.

4.

The learned APP while opposing the present application submits that custody of the applicant is necessary to recover mobile phone.

rkn

8-aba-672-2022.odt 5.

In the circumstances, considering the allegations and the role of the applicant in the alleged offence, I am of the opinion that, purpose would be served, if the applicant is directed to attend the concerned Police Station and such attendance is considered as deemed custody of recovery of mobile phone.

6.

The learned counsel for the applicant, on instructions, undertakes to surrender the mobile phone. Accordingly, I pass the following order: a) The ad-interim anticipatory bail granted by this Court on 20/09/2022 is confirmed.

b) The applicant shall attend the concerned Police Station on 03/10/2022 to 05/10/2022 between 10.00 a.m. to 12.00 noon and thereafter whenever his presence is required. The same shall be considered as deemed custody.

The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR rkn