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Bombay High CourtABA/568/2019disposed off

Suman Dayaram Revekar v. State Of Mah., Thr. Police Station Officer Dhamangaon (Badhe) Tq Motalla Dist Buldhana

2019-09-13Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.568/2019 Suman Dayaram Revekar Vs. State of Maharashtra, through PSO, P.S. Dhamangaon (Badhe) Dist. Buldana.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. Mahesh V. Rai holding for Ms Sunita Kulkarni, Advocate for applicant.

Mr. M.J. Khan, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 13, 2019 Heard Mr. M.V. Rai, learned counsel holding for Ms Sunita Kulkarni, learned counsel for applicant and Mr.M.J. Khan, learned A.P.P. for the State. Also perused reply filed on behalf of prosecution.

This application is filed on behalf of the motherin-law of deceased Pooja alias Pushpa for grant of anticipatory bail since she is apprehending her arrest in connection with Crime No.125/2019 registered with Police Station, Dhamangaon (Badhe) for the offence punishable under Sections 304-B, 498-A read with Section 34 of the Indian Penal Code.

Pooja's marriage was performed with son of present applicant on 26.02.2019. Pooja committed suicide consuming poison on 10.06.2019. First information report is

lodged by Anand Malekar, father of deceased Pooja. It would be useful to refer the order passed by this Court (Coram: Manish Pitale, J.) in Criminal Application (BA) No.593/2019 dated 30.07.2019. The said application was filed by fatherin-law and brother-in-law of deceased. After considering the case, this Court has released them on regular bail. Though this is an anticipatory bail application, it is clear that the role ascribed to applicants in Criminal Application (BA) No.593/2019 and present applicant is identical. While granting interim order to the applicant on 14.08.2019, this Court (Coram: Manish Pitale, J.) directed that applicant shall make herself available to investigating officer as and when required.

Learned Additional Public Prosecutor submitted that applicant was not called at any point of time by the investigating officer for investigation. The investigation is over and charge-sheet is already filed. Main accused Ishwar is in jail. Looking to the general nature of allegations against present applicant, who is a lady of 58 years, in my view, her application can be considered favourably. Consequently, I pass following order.

ORDER

(i) The application is allowed.

(ii) In the event of arrest in connection with Crime No.125/2019 registered with Police Station, Dhamangaon (Badhe) for the offence punishable under Sections 304-B,

498-A read with Section 34 of Indian Penal Code, applicant - Suman Dayaram Revekar, be released on bail on she executing P.R. Bond in the sum of Rs. 25,000/- with one solvent surety in the like amount.

The application is disposed of.

JUDGE srwagh/Kahale