Sau. Lata Babarao Olambe And Another v. State Of Maharashtra Thr. Police Station Officer Police Station Gadge Nagar, Amravati

0212aba738.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.738 OF 2016 (Sau. Lata Babarao Olambe and another vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri R.D. Wakode, Advocate for applicants.

Shri V. Gangane, Additional Public Prosecutor for respondent.

-------- CORAM : P.N. DESHMUKH, J.

DATED : DECEMBER 02, 2016 Heard learned Counsel for the parties.

The applicants, who are in-laws of complainant, have sought bail before arrest in Crime No.788/2016 registered for the offences punishable under Sections 307 and 498-A read with Section 34 of Indian Penal Code.

It is the case of applicant no.1 that she is working as Arogya Sevika with Public Health Department, Harisal, Sub-Centre, Nandori since last two years while applicant no.2 - her husband is residing with her having retired from Police Department sine June 2014. They had no occasion to reside with their son Gaurav whose wife has lodged report, on the strength of which aforesaid crime came to be registered.

Perusal of first information report reveals that on 19/10/2016 as complainant's husband was under the influence of liquor, she had objected him for consuming it, upon which applicants are stated to have said her that she should not say anything to their son

0212aba738.16 2/2 when he consumes liquor. At that time, complainant's husband saying that he would stop her mouth obtained insecticide powder, which was lying in the house and administered it to her and applicants had assisted him. Except above allegations, there are no allegations attracting provisions of Section 498-A of Indian Penal Code. So far as offence punishable under Section 307 of Indian Penal Code is concerned, above contents of report are found belied by the medical report wherein it is specifically stated that no poisonous powder or any substance was found consumed or administered to complainant. Documents filed in support of application do establish that since two years prior to incident, applicant no.1 is posted in the Health Department at village Nandori, Taluka Dharni, District Amravati. Admittedly, her husband is a retired Police Officer.

Having considered aforesaid facts, order dated 4/11/2016 granting interim protection to applicants is liable to be confirmed on the same terms and conditions with further direction to applicants to attend Investigating Officer, if called, till filing of chargesheet. The criminal application is accordingly allowed. JUDGE khj