SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Aaisha Nilofar W/O. Abdul Razzak vs The State Of Maharashtra on 20 January, 2020

32.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

32 ANTICIPATORY BAIL APPLICATION NO.24 OF 2020

Aaisha Nilofar w/o Abdul Razzak,
Age 60 years, Occ. Household,
R/o. Phule Nagar, Harsool, Tq.
Dist. Aurangabad. … Applicant.

Versus

The State of Maharashtra
Through Police Inspector, Police
Station Harsool, Tq. Dist.
Aurangabad …. Respondent.

Advocate for Applicant : Mr. Shaikh Ashraf Patel.
APP for Respondent : Mrs. R.P. Gour.

CORAM : MANGESH S. PATIL, J.

DATE : 20/01/2020

PER COURT :

This is an application under Section 438 of the Code of
Criminal Procedure by the mother-in-law of the deceased in connection
with Crime No. 302/2019, registered with Harsool Police Station, Dist.
Aurangabad, for the offences punishable under Section 304-B, 306,
498A, 323, 504, read with Section 34 of the Indian Penal Code.

2. The learned advocate for the applicant submits that the
applicant is aged more than 60 years. The allegations in the F.I.R.
attributing a role to the applicant is vague and omnibus. In fact, the
role attributed to the applicant and that to the other accused
1/3

::: Uploaded on – 21/01/2020 22/01/2020 02:07:18 :::

32.odt
particularly husband of the applicant and her daughter is similar. Both
of them have been granted anticipatory bail by the Sessions Court and
even the applicant deserves the same treatment and protection. She is
ready to abide by the terms and conditions and ready to cooperate the
Investigating Officer.

3. The learned A.P.P. fairly concedes that the role attributable to
the applicant, her husband and daughter is same but submits that the
investigation is still in process and it is imperative to enquire with the
applicant as to the circumstances which led to the suicide. She submits
that even on the date of incident the deceased was subjected to
illtreatment on account of the demand for dowry and she had
informed her brother about it. Death has occurred barely within few
months of the marriage and therefore no indulgence be shown.

4. I have carefully gone through the papers. Apparently, the role
attributable to the applicant is similar to the one attributed to her
husband and daughter, all of whom have been named in the F.I.R.
Admittedly, the husband and the daughter have been granted
anticipatory bail by the Sessions Court and if this is so, I find no
sufficient and cogent reason to refuse anticipatory bail to the applicant
on the ground of parity. Considering all these aspects, the application
deserves to be allowed with same terms and conditions.

5. The application is allowed. In the event of arrest of the
applicant in connection with Crime No. 302/2019 registered with
Harsool Police Station, District Aurangabad, she shall be released on
bail on her executing a personal recognizance for an amount of Rs.
25,000/- and furnishing a solvent surety in the like amount, subject to
the following conditions:

2/3

::: Uploaded on – 21/01/2020 22/01/2020 02:07:18 :::

32.odt

(a) She shall attend the concerned police station as and when
called by the Investigating Officer till filing of the charge-
sheet.

(b) She shall not tamper the evidence or influence the witnesses.

( MANGESH S. PATIL, J. )

mkd

3/3

::: Uploaded on – 21/01/2020 22/01/2020 02:07:18 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation