Salu @ Sanjivani Prashant Chopade v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2610 OF 2019 Salu @ Sanjivani Prashant Chopade ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ujwal R. Agandsure, Advocate for the Applicant. Mr. S. H. Yadav, APP for the State-Respondent. .....

CORAM :

PRAKASH D. NAIK, J.

DATE : 28th November, 2019 PC :

1.

The applicant is apprehending arrest in connection with C.R. No. 608 of 2019 registered with Karmala Police Station, Dist. Solapur for offences punishable under Sections 304-B, 498-A, 323, 504 & 506 r/w Section 34 of Indian Penal Code. 2.

The First Information Report (for short 'FIR') was lodged on 13th September, 2019 by the uncle of the deceased. The deceased was married to accused No.1 on 11th July 2019. It is alleged that she was harassed by her husband and in-laws. She committed suicide on 13th September, 2019 by consuming poison. The FIR do not refer to the name of the applicant as the person who caused cruelty to the deceased.

2 of 3 911-ABA-2610-19.doc 3.

Learned counsel for the applicant submitted that the applicant is sister-in-law of the deceased. She is married lady and residing separately. This position is not disputed.

4.

Learned APP submitted that the in the statement of the brother and sister of the deceased, it is alleged that the applicant also harassing the deceased. The complainant has also was referred to harassment by applicant in supplementary statement. It is relevant to note that the FIR is completely silent and no overt act has been attributed to the applicant. It appears that the supplementary statement of the complainant has been recorded in which the applicant has been attributed the role. Undisputedly, the applicant is married lady and residing separately. Considering these circumstances custodial interrogation of the applicant is not called for. Hence, order as follows :

O R D E R

i) Anticipatory Bail Application No. 2610 of 2019 is allowed; ii) In the event of arrest of applicant in connection with C.R. No. 608 of 2019 registered with Karmala Police Station, Dist. Solapur, the applicant be released on bail in furnishing P.R. bond in the sum of Rs.25,000/- each with one or more sureties in the like amount;

3 of 3 911-ABA-2610-19.doc iii) The applicant shall attend the Investigating Officer for the purpose of interrogation on 4th, 5th & 6th December, 2019 between 11.00 a.m. to 02.00 p.m. and thereafter as and when called for till filing of charge-sheet.

iv) Anticipatory Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)