Satish Jagdish Sharma And ANR v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.85 OF 2024

1. Satish Jagdish Sharma, &

2. Lakshmi Devi Satish Sharma .....Applicants

Versus

The State of Maharashtra & Anr.

.... Respondents ----- Mr. Indu Prakash Tripathi, Advocate i/b. C.K. Tripathi for the Applicants.

Ms. Mahalakshmi Ganapathy, APP for the Respondent No.1State. Mr. R.S. Dube, Advocate A.S. Hingre for the Intervenor. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 15th JANUARY, 2024 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No.12/2023 registered at Mora Sagari Police Station, Navi Mumbai on 1.10.2023 under Sections 304-B, 306 read with 34 of IPC.

2.

Advocate Mr. R.S. Dube appears and states that he has instructions to appear for the first informant. He seeks an adjournment to enable him to file an intervention Deshmane(PS)

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application. He is seeking an adjournment. At his instance, today I am adjourning the matter. However, I have considered the matter for consideration of ad-interim relief today.

3.

The FIR is lodged by the father of the deceased Pallavi Kumari. She was married to one Raghvendra Kumar on 1.12.2021. He was working as a Sea-man at Naval Station, Karanja, Taluka - Uran, District-Raigad. Initially the deceased resided with the Applicants and their other son Shivamkumar at Lekha Nagar. It is alleged in the FIR that the husband of the deceased did not get the quarters immediately and, therefore, the deceased was staying with the Applicants and their other son Shivamkumar at Lekha Nagar. It is alleged that during her stay at their place, the Applicants and Shivamkumar used to taunt her and used to cause mental harassment to her. Her husband also used to demand money. Since December, 2022 Raghvendra Kumar took a room on rent at Kegaon, Taluka-Uran. Since then the deceased and Raghvendra Kumar were residing together. It

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is alleged in the FIR that Raghvendra Kumar used to demand Rs.10 Lakhs from the deceased and on that count used to assault, abuse and ill-treat her. Ultimately she committed suicide on 30.9.2023 by hanging herself in her matrimonial house. On this basis, the FIR is lodged.

4.

Learned counsel for the Applicants submitted that the Applicants' case is similar to that of their other son Shivamkumar who is granted anticipatory bail by the coordinate Bench of this Court (Coram: N.J. Jamadar, J.) vide order dated 13.12.2023 passed in A.B.A. No.3489/2023. Learned counsel claims parity for the present Applicants.

5.

Learned APP submitted that there are some more allegations against the Applicants and it is alleged that the Applicants used to taunt her by making phone calls. 6.

I have considered these submissions. At this stage, the observations made in the aforesaid order dated 13.12.2023 can be taken into consideration for granting ad-

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interim relief to the present Applicants. The final order can be passed after hearing all the parties including the first informant. Hence, the following order:

O R D E R

(i) In the event of their arrest in connection with C.R.No.12/2023 registered at Mora Sagari Police Station, Navi Mumbai, till the next date, the Applicants be released on bail on their executing P.R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.

(ii) This order shall operate till 21.2.2024.

(iii) The Applicants shall attend the concerned Police Station on 29.1.2024, 30.1.2024 and 31.1.2024 between 1:00 p.m. to 4:00 p.m.; and thereafter as and when called. They shall cooperate with the investigation.

(iv) Stand over to 21.2.2024.

(SARANG V. KOTWAL, J.)