Najma W/O Jabbar Sheikh v. State Of Maharashtra, Thr. Pso, Ps Hingna, Tah. Hingna, Dist. Nagpur

1 aba 279.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No.279/2025 [ Najma V State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M. Daga, Advocate for applicant.

Mr. S.M. Ghodewar, APP for State.

Coram : Urmila Joshi-Phalke, J.

Date : 28-04-2025.

Heard.

2.

Apprehending the arrest at the hands of Police in connection with Crime No. 332/2024, the applicant has approached to this Court for grant of pre-arrest bail which is registered under Sections 108, 80, 85, 3 (5) of the Bhartiya Nagarik Suraksha Sanhita, 2023. 3.

Crime is registered on the basis of report lodged by father of the victim girl on an allegation that marriage of his daughter was performed with one Shadab Jabbar Sheikh and the present applicant is the mother in law. Initially for six months he was treated well and thereafter she was ill-treated for the domestic reasons. On the basis of the said domestic reasons due to which she fed up and she committed suicide. On the basis of the said report Police have registered crime. 4.

Heard learned Counsel for the applicant who submitted that the general allegations are levelled against the present applicant. As far as the custodial interrogation of the present applicant is concerned, which is not required. The deceased died due to the poisoning and Investigating Officer has immediately drawn the spot panchanama. Thus, immediate custodial interrogation of the present applicant is not required. in view of that she be protected ad-interim protection. 5.

Learned APP strongly opposed for the same on the ground that considering the role attributed to the present applicant and

2 aba 279.25.odt because of her continuous illtreatment the deceased has committed suicide. Hence, her custodial interrogation is necessary. 6.

After hearing both the sides and on perusal of the recitals of the FIR it reveals that the present applicant is the mother in law. General allegation is levelled against her that she used to taunt the deceased and was asking her to do the domestic work therefore she fed up and committed suicide. Considering the nature of the allegations immediate custodial interrogation of the present applicant is not required. In view of that she can be protected by ad-interim protection. Accordingly, I proceed to pass the following order. 7.

In the event of arrest in connection with Crime No. 332/2024 registered under Sections 108, 80, 85, 3 (5) of the Bhartiya Nagarik Suraksha Sanhita, 2023, the applicant shall be released on ad-interim anticipatory bail on executing PR Bond of Rs. 25,000/- with one surety of like amount.

8.

The applicant shall attend the concerned Police Station once in a week i.e Tuesday between 10.00 am to 12.00 pm and shall cooperate with the investigating agency.

9.

The applicant shall not induce threat or or promise to any witnesses who are acquainted with the facts of the case. 10.

Stand over after Summer vacations, 2025.

(Urmila Joshi-Phalke, J.) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 29/04/2025 16:31:17