Smt. Gitabai Uttamrao Wankhede … vs State Of Maharashtra Thr. Police … on 19 July, 2017

Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR

CRIMINAL WRIT PETITION NO.611 OF 2017

1. Smt. Gitabai Uttamrao Wankhade,
Aged 70 years, Occupation Household,
R/o At Navin Sonkhas, Bye Pass
Road, Near Krishna Mandir,
Mangrulpir, Tahsil Mangrulpir,
District Washim.

2. Sau. Karuna Dipak Vanjare,
Aged about 45 years,
Occupation Household.

3. Dipak Bhopat Vanjare,
Aged about 47 years,
Occupation Service.

Petitioner Nos.2 and 3 r/o Navin
Sonkhas, Bye Pass Road, Near
Krishna Mandir, Mangrulpir, Tahsil
Mangrulpir, District Washim.

4. Suchitra Krishna Sonavane,
Aged about 47 years,
Occupation Household, R/o Navin
Sonkhas, Bye Pass Road, Near
Krishna Mandir, Mangrulpir, Tashil

…..2/-

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Mangrulpir, District Washim.

5. Vilas Uttamrao Wankhade,
Aged about 47 years, Occupation Service,
R/o Pardi Tad, Tahsil Mangrulpir,
District Washim.

6. Vishakha Anil Bihade,
Aged about 40 years, Occupation
Household, R/o Kaveri Park, Part-
2, Ekvira Nagari, Vadgao,
Yavatmal, Tahsil and District
Yavatmal.

7. Siddharth Uttamrao Wankhade,
Age 55 years, Occupation Agriculturist,
R/o Lavna, Post Dabha, Tahsil
Mangrulpir, District Washim. ….. Petitioners.

:: VERSUS ::

1. State of Maharashtra,
Through Police Station Officer,
Police Station Digras, Tashil Digras,
District Yavatmal.

2. Pushpalata Prafulla Wankhade,
Aged about 31 years, Occupation Legal
Practitioner, R/o Near Old Bus
Stand, Digras, Tahsil Digras,
District Washim. ….. Respondents.

…..3/-

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Shri A.V. Band, Counsel for the petitioners.
Shri I.J. Damle, Addl.P.P. for respondent No.1/State.

CORAM : V.M. DESHPANDE, J.
DATE : JULY 19, 2017.

ORAL JUDGMENT

1. Rule. Rule is made returnable forthwith. Heard

finally by consent of learned counsel Shri A.V. Band for the

petitioners and learned Additional Public Prosecutor Shri I.J.

Damle for respondent No.1/State.

2. The present petitioners are accused in Crime No.257

of 2017 registered with Digras Police Station, District Yavatmal

for the offence punishable under Section 498A read with Section

34 of the Indian Penal Code.

3. The present petitioners are in-laws of the first

…..4/-

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informant. After registration of crime, they approached before

the Court of Sessions by moving an application vide Misc.

Criminal Application No.61 of 2017 for grant of anticipatory bail.

The said application was allowed. While allowing their

application on 20.6.2017, learned Additional Sessions Judge at

Darwha directed that the present petitioners should attend

Digras Police Station once in a month on every third Sunday, till

filing of the charge-sheet.

4. Subsequently, an application for relaxation of the

said condition was moved and learned Additional Sessions Judge

at Darwha on 11.7.2017 in Other Misc. Criminal Application No.8

of 2017 rejected the said application and refused to relax the said

condition. Hence, the present criminal writ petition.

5. I have heard learned counsel Shri A.V. Band for the

petitioners and learned Additional Public Prosecutor Shri I.J.

…..5/-

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Damle for respondent No.1/State.

6. Looking to the nature of accusations made against

the present petitioners in the first information report, I think it

fit not to get reply of the investigating officer. Worth to note that

marriage of the complainant took place on 19.2.2010. Though,

initially, anticipatory bail application of the husband was

rejected, he moved an application before this Court vide

Criminal Application (ABA) No.444 of 2017 and this Court on

23.6.2017 granted anticipatory bail. Learned counsel Shri A.V.

Band for the petitioners has placed order dated 23.6.2017 for my

perusal and the same is taken on record and is marked as

“Annexure-X” for the purposes of identification. Perusal of the

said order shows that this Court did not impose any condition on

her husband to attend the police station.

7. Petitioner Nos.1, 2, 4, and 6 are ladies. Petitioner

…..6/-

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No.1 is of 70 years. Petitioner Nos.1 to 5 are residents of Taluka

Mangrulpir, District Washim which is far away more than 60 to

70 kilometers from Digras, District Yavatmal.

8. In view of the aforesaid, I am of the view that the

condition needs to be relaxed. Hence, I pass the following order:

ORDER

i) The criminal writ petition is allowed.

ii) Order passed by learned Additional Sessions Judge

at Darwha on 11.7.2017 in Other Misc. Criminal

Application No.8 of 2017, is hereby set aside.

iii) The condition imposed by learned Additional

Sessions Judge at Darwha, on 20.6.2017 in Misc.

Criminal Application No.61 of 2017, stands relaxed.

However, it will be open for the investigating officer

…..7/-

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to call petitioner Nos.3, 5, and 7 if their presence is

required for the investigation by giving them an

intimation in writing, before 48 hours.

9. With this, the criminal writ petition is allowed and

disposed of. Rule is made absolute.

JUDGE

!! BRW !!

…../-

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