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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO. 848 OF 2019
Gopal Tulshiram Ambilkar and others .Vs. State of Maharashtra, through
P.S.O., P.S. Mana, Tal. Murtizapur, Dist. Akola.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. Sumedh Kadam, Advocate for applicant.
Mr. M.J. Khan, A.P.P. for non applicant-State.
Mr. J.S. Chiltra, Advocate for first informant.
CORAM : V. M. DESHPANDE, J.
DATED : JANUARY 04, 2020
CRIMINAL APPLICATION (APPP) NO. 1969 OF 2019
This is an application filed on behalf of the first
informant for permission to assist the learned Additional
Public Prosecutor.
The application is allowed, Mr. J.S. Chilotra,
learned counsel is permitted to assist the learned Additional
Public Prosecutor.
The application is disposed of.
CRIMINAL APPLICATION (ABA) NO. 848 OF 2019
Heard Mr. Sumedh Kadam, learned counsel for
the applicant, Mr. M.J. Khan, learned Additional Public
Prosecutor for non applicant-State and Mr. J.S. Chilotra,
learned counsel assisting the prosecution.
The applicants are apprehending their arrest in
connection with Crime No.197/2019 registered with Police
Station, Mana, Tal. Murtizapur, Dist. Akola for an offence
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punishable under Sections 498A, 306 read with Section 34
of the Indian Penal Code.
Applicant nos.1 and 2 are father-in-law and
mother-in-law of Shweta, whereas applicant no.3 is her
sister-in-law. Shweta’s marriage took place with Swapnil,
son of applicant nos.1 and 2 on 06.12.2016. She committed
suicide by hanging herself on 13.11.2019. In view of the
oral report lodged by Pralhad, father of Shweta, the crime is
registered against the applicants and Swapnil.
First Information Report (FIR) would reveal that
Swapnil and Shweta were in love with each other. They
performed Court marriage. Report would show that after
marriage within 2 to 3 days Swapnil along with Shweta went
to Pune for service. The gravamen accusation against
applicants in the FIR is that they used to obstruct Shweta
from talking with her parents on cellphone. It is not the case
of the prosecution that applicants used to stay at Pune with
Shweta and Swapnil.
Nature of accusations against the applicants are
most general in nature. Prima facie, it shows that applicants
at no point of time, abetted the decease to commit suicide.
In that view of the matter, I pass the following order.
ORDER
(i) The application is allowed.
(ii) In the event of arrest in connection with Crime
No.197/2019 registered with Police Station, Mana, Tal.
Murtizapur, Dist. Akola for an offence punishable under
Sections 498A, Section306 read with Section 34 of the Indian Penal
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Code, applicant no.1- Gopal Tulshiram Ambilkar, applicant
no.2 – Smt. Pramila Gopal Ambilkar and applicant no.3-
Smt. Rupali Nilesh Taywade, be released on bail on they
executing P.R. bond in the sum of ₹10,000/- each, with one
solvent surety each in the like amount.
(iv) Applicant no.1- Gopal Tulshiram Ambilkar alone
is directed to attend Police Station, Mana, Tal. Murtizapur,
Dist. Akola as and when called by Investigating Officer.
However, for that the Investigating Officer shall give clear
cut three days written communication to the applicant no.1.
The application is disposed of.
JUDGE
srwagh
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