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Bombay High CourtABA/656/2019allowed

Ratnamala W/O Anil Kankirad And Another v. State Of Mah., Thr. Pso Ps Murtizapur Dist Akola

2019-11-14Hon'Ble Shri Justice V.M. Deshpande2 pages

aba656.19 10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.656/2019 Ratnamala w/o Anil Kankirad and anr ..vs..

State of Mah., thr. its PSO PS Murtizapur, District Akola ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri Summait Kadam, Counsel for Applicants.

Shri S.M.Ghodeswar, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : NOVEMBER 14, 2019.

1.

Heard learned counsel Shri Summait Kadam for applicants and learned Additional Public Prosecutor Shri S.M.Ghodeswar for the State. Also, perused reply filed on behalf of the prosecuting agency.

2.

Applicant No.1-Ratnamala is mother-in-law and applicant No.2-Vaibhav is brother-in-law of deceased Rajashree who committed suicide in intervening night of 26.8.2019 and 27.8.2019 by hanging herself in her matrimonial house. The crime was registered on the basis of report lodged by Yogesh Thakare, the brother of the deceased.

3.

Anil Kankirad, the father-in-law, and Vivek, the husband, of the deceased were arrested by police. After rejection of their application for grant of bail by learned Judge of Court below, they approached to this Court in Criminal Application (BA) No.897/2019 and this Court after .....2/-

aba656.19 10 considering material available in investigation papers, released them on bail. While releasing them on bail, it was observed by this Court that investigation is over and though only ministerial act of filing of chargesheet is remained to be done, accusations against applicants in the present case are most general in nature.

4.

Since investigation is almost over and applicant No.2-Vaibhav has already joined investigation, as directed by this court on 27.9.2019, in my view, the present application can be allowed. Consequently, I pass following order:

ORDER

(a) The criminal application is allowed.

(b) In the event of arrest of applicant No.1-Ratnamala w/o Anil Kankirad and applicant No.2-Vaibhav s/o Anil Kankirad, in connection with Crime No.236/2019 registered with Murtizapur Police Station, District Akola for offences punishable under Sections 498-A, 306, 504, and 506 read with Section 34 of the Indian Penal Code, they be released on bail on they executing a P.R.Bond in the sum of Rs.15,000/- by each of them with one solvent surety of the like amount by each of them.

With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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