Najma W/O Jabbar Sheikh v. State Of Maharashtra, Thr. Pso, Ps Hingna, Tah. Hingna, Dist. Nagpur
2025:BHC-NAG:5988 1 918.ABA.279-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 279 OF 2025 ( Najma W/o Jabbar Sheikh Vs.
State of Maharashtra, Thr. PSO, Police Station Hingna, Dist. Nagpur. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.M. Daga, Advocate for the Applicant.
Mr. A.M. Ghogare, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 25th JUNE, 2025 1.
Apprehending the arrest at the hands of Police in connection with Crime No.332/2024 registered with Police Station Hingna, District Nagpur for the offence punishable under Sections 108, 80, 85, 3(5) of the Bharatiya Nyaya Sanhita, 2023, the Applicant approached to this Court for grant of pre arrest bail.
2.
Heard learned Counsel for the Applicant, who submitted that the 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 of the deceased. Initially for six months the deceased 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
2 918.ABA.279-2025.odt basis of the said report Police have registered the crime against the present Applicant. He submitted that general allegations are levelled against the present Applicant, she has already cooperated with the investigating agency, the deceased died due to poisoning and the Investigating Officer has belatedly drawn the spot panchanama. As far as the custodial interrogation of the present Applicant is concerned, which is not required. In view of that, the Applicant be protected by granting anticipatory bail.
3.
Learned APP strongly opposed for the same and submitted that due to the abetment at the hands of the present Applicant, the deceased has committed suicide, and therefore, prayer for grant of anticipatory bail deserves to be rejected.
4.
On 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 allegations are 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, at this stage there is nothing on record to show that there is any nexus between the abetment and committal of suicide. There is no overact or the active participation of the present Applicant as far as the abetment is concerned. In view of that, the ad interim protection granted to the present Applicant deserves to be confirmed. Accordingly, I proceed to pass the following order:
3 918.ABA.279-2025.odt
O R D E R
i.
The Application is allowed.
ii.
The ad interim protection granted to the present Applicant by order dated 28.04.2025, is hereby confirmed on the condition that, she shall attend the concerned Police Station as and when she called for investigation purpose on issuance of notice of 7 days in advance.
iii.
The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
5.
Pending application/s, if any, shall stand disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 26/06/2025 19:19:53