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Avinash Jagdeo Matke And 2 Others vs State Of Mah., Thr. Pso P S Shegaon … on 28 November, 2019

1 aba763.19.odt

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

CRIMINAL APPLICATION (ABA) NO. 763 OF 2019
Avinash Jagdeo Matke and others .Vs. State of Maharashtra,through P.S.O,
P.S. Shegaon (City), Tq. Shegaon, Dist. Buldana.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. A.B. Mirza, Advocate for applicant.
Mr. P.S. Tembhare, A.P.P. for non applicant- State.

CORAM : V. M. DESHPANDE, J.
DATED : NOVEMBER 28, 2019
Heard Mr. Mirza, learned counsel for applicant
and Mr. Tembhare, learned Additional Public Prosecutor for
the non applicant-State. Also perused the reply filed on
behalf of the prosecution and investigation papers placed
before me by the prosecution.
The applicants are apprehending their arrest in
connection with Crime No.268/2019 registered with Police
Station, Shegaon (City), Tq. Shegaon, Dist. Buldana for an
offence punishable under Sections 498A, 323 read with
Section 34 of the Indian Penal Code and under Sections 3
and Section4 of the Dowry Prohibition Act, 1961.
A written complaint was filed on 11.06.2019 by
Smt. Punam Avinash Matke, wife of applicant no.1-Avinash
Matke. On the basis of this, Crime No.268/2019 was
registered. The report shows that marriage with applicant
no.1 was performed on 10.04.2016. Applicant no.2 is
husband of applicant no.3. The applicant no.2 is brother of

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applicant no.1. As per report, though for first 2 to 3 months
there was no problem in day-to-day life, thereafter it was
started on account of money. The report shows that on
17.07.2018, the applicant poured Goodnight Mosquito
Repellent liquid in her mouth due to which she felt
unconscious and she was admitted in the hospital. This
particular incident is narrated in the complaint dated
11.06.2019 and the explanation for the same is that she was
under fear. It is also further stated in the report that there is
illicit relations between applicant no.3 with the husband of
the complainant and applicant no.2, who is brother of the
applicant no.1, is having consent for the same.
In view of aforesaid accusation, this Court on
08.11.2019 granted interim protection in favour of the
applicants on a condition that applicant nos.1 and 2 shall
attend police station from 11.11.2019 till 21.11.2019.
Accordingly they attended the police station and joined the
investigation.
In view of the nature of the accusation and in the
factual background, in my view, custodial presence of the
applicants is not necessary particularly when they have
already joined the investigation. Consequently, I pass the
following order:
ORDER

(i) The criminal application is allowed.

(ii) In the event of arrest in connection with Crime
No.268/2019 registered with Police Station, Shegaon (City),
Tq. Shegaon, Dist. Buldana for an offence punishable under

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Sections 498A, Section323 read with Section 34 of the Indian Penal
Code and under Sections 3 and Section4 of the Dowry Prohibition
Act, 1961, applicant no.1 – Avinash Jagdeo Matke, applicant
no.2 – Amol Jagdeo Matke and applicnat no.3 – Asmita
Amol Matke (Asmita Janrao Helode), be released on bail on
they executing P.R. Bond in the sum of Rs.10,000/- each,
with one solvent surety each in the like amount.

(iii) Applicant nos. 1 and 2 are directed to attend
Police Station, Shegaon (City), Tq. Shegaon, Dist. Buldana as
and when they are called by the investigating officer.
However, for that the investigating officer shall give clear cut
two days written communication to them.

The application is disposed of.

JUDGE
srwagh

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