Swapnil S/O. Kamalkumar Devdiya (Jain) v. State Of Maharashtra Thr. Its P.S.O., Shantinagar P.S.,Nagpur And Investigated By Crime Branch, Nag

1 aba707.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 707/2018 Swapnil S/o Kamalkumar Devdiya (Jain) & ors.

..VS..

State of Maharashtra , Thru its PSO Shantinagar, PS, Nagpur and investigated by Crime Branch, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Jaiswal, Advocate for the applicant(s) Shri T.A. Mirza, APP for the non-applicant/State CORAM : Z.A.HAQ, J.

DATED : 05/10/2018 After arguing for some time, the learned advocate for the applicant no. 1/Swapnil S/o. Kamalkumar Devdiya seeks permission to withdraw the application. The application of the applicant no. 1 is disposed as withdrawn.

As far as the applicant nos. 2 to 5 are concerned, they are apprehending arrest in connection with Crime No. 51/2018 registered by the non-applicant for the offences punishable under Section 304B, Section 306, Section 498A r/w Section 34 of the Indian Penal Code.

The facts on record show that Sarika (wife of the applicant no. 1/Swapnil) committed suicide within 3 years of her marriage, the cause according to the Investigating Agency being that the applicant no. 1/Swapnil had illicit relationship with the co-accused/Neelam.

Though the application is opposed on the ground that investigation is still in progress, considering the nature of accusations against the applicant nos. 2 to 5 and as the

2 aba707.18 Investigating Agency has not been able to point out that custodial interrogation of the applicant nos. 2 to 5 is required for further investigation, the following order is passed:- In the event of arrest in connection with Crime No. 51/2018 registered by the non-applicant, the applicant no. 2/Kamalkumar S/o. Buddhilal Devdiya, the applicant no. 3/Smt. Malti Kamal Kumar Devdiya, the applicant no. 4/Sachin S/o Kamalkumar Devdiya and the applicant no. 5/Smt. Priyanka Singhal Devdiya be released on bail on executing P.R. Bond for Rs. 20,000/- each and on furnishing two solvent sureties in the like amount for each of the applicant.

The application of the applicant nos. 2 to 5 is allowed accordingly.

JUDGE Ansari