Bombay High CourtABA/636/2016allowed

Shobha Prabhakar Sirtawar (In Jail) v. State Of Maharashtra, Thr. P.S.O. P.S. Patan, Yavatmal

2016-11-29Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 aba636.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.636 OF 2016 (Shobha Prabhakar Sirtawar ..vs.. State of Maharashtra, through PSO, PS Patan, District Yavatmal) WITH CRIMINAL APPLICATION (ABA) NO.637 OF 2016 (Prabhakar Bakkana Sirtawar ..vs.. State of Maharashtra, through PSO, PS Patan, District Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Dhore, Advocate for the applicants, Shri A.M. Deshpande, Addl.P.P. for the non-applicant. CORAM : P.N. DESHMUKH, J.

DATED : 29-11-2016 Heard learned Counsel for the applicants and learned Additional Public Prosecutor for the nonapplicant/State. 2.

These applications are filed by in-laws of deceased Navina seeking anticipatory bail. The learned Counsel for the applicants has contended that both the applicants were earlier protected by this Court and were directed to attend the Investigating Officer, which order is duly complied. It is contended that their son/husband of deceased Navina is released on bail by the trial Court observing that the investigation is virtually complete. 3.

It appears to be the case of prosecution that offence came to be registered vide Crime No.99/2016 under Sections 304-B and 498-A read with Section 34 of

2 aba636.16 the Indian Penal Code on the strength of report by father of deceased Navina who married with applicants' son on 24-04-2016. However, after treating her good for sometime, she was subjected for dowry demand to the extent of Rs.50,000/- from her parents. Deceased had informed the said fact to her parents on her visit to parents' home. However, as the demand could not be satisfied, she committed suicide by setting her person on fire and succumbed to injuries which were by way of 100%.

Considering the facts as aforesaid and since it is noted that the investigation is almost complete, there appears no reason to keep applicants behind bar pending trial. The applications are, therefore, liable to be allowed by confirming the interim relief with further direction to the applicants to attend the Investigating Officer, if called, till filing of charge-sheet. The applications are allowed accordingly.

JUDGE adgokar