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Gulabchand S/O Chaitram … vs State Of Mah., Thr. Pso Tq Goregaon … on 30 September, 2019

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

CRIMINAL APPLICATION (ABA) NO.623/2019
Gulabchand s/o Chaitram Rahangdale and anr
..vs..
State of Mah., thr.PSO Goregaon, Tahsil Goregaon, District Gondia

……………………………………………………………………………………………………………………………………………….
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions Court’s or Judge’s Order
and Registrar’s orders
……………………………………………………………………………………………………………………………………………….
Shri Virat Mishra, Counsel for Applicants.
Shri N.B.Jawade, Addl.P.P. for the State.

CORAM : V.M.DESHPANDE, J.
DATED : SEPTEMBER 30, 2019.

1. Heard learned counsel Shri Virat Mishra for
applicants and learned Additional Public Prosecutor Shri
N.B.Jawade for the State.
2. Present applicants are father-in-law and
mother-in-law of deceased Swati whose marriage was
performed with their son Yogesh who is released on
regular bail by this Court.
3. According to reply filed on behalf of the
State, marriage of Swati, the deceased, with Yogesh was
performed in the year 2013. Yogesh was having illicit
relations with his sister-in-law and, therefore, ill-
treatment was there at his hands to Swati. Yogesh
demanded Rs.50,000/- for starting business. According
to the reply, no role is attributed to applicants in respect
of homicidal death of Swati. Even, reply is not
elaborating any ill-treatment at the hands of applicants
to Swati.
4. On 13.9.2019, this Court granted applicants

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interim protection in their favour that applicants shall
attend Goregaon Police Station, tahsil Goregaon, District
Gondia and shall be with Investigating Officer from
11:00 a.m. to 5:00 p.m. and shall extend full cooperation
to Investigating Officer. According to learned counsel
Shri Virat Mishra for applicants, accordingly applicants
attended the police station and joined investigation and
cooperated with Investigating Officer. Learned
Additional Public Prosecutor Shri N.B.Jawade for the
State, on instructions received from Investigating
Officer, affirmed the said aspect.
5. Looking to the fact that there is no
allegation insofar as offence under Section 302 of the
Indian Penal Code against applicants and demand was
made by co-accused Yogesh, in my view, custodial
presence of applicants is not warranted. Hence, I pass
following order:

ORDER

(a) The criminal application is allowed.

(b) In the event of arrest in connection with Crime
No.160/2019 registered with Goregaon Police Station,
tahsil Goregaon, District Gondia for offences under
Sections 320, Section498A read with Section 34 of the Indian
Penal Code, applicant No.1-Gulabchand s/o Chaitram
Rahangdale and applicant No.2-Parvata w/o Gulabchand
Rahangdale be released on bail on they executing a
P.R.Bond in the sum of Rs.25,000/- with one solvent
surety of the like amount.

…..3/-

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(c) Needless to mention that all observations made in
this order are purely prima facie while deciding the
present application for grant of pre-arrest bail and
learned Judge of the Court below before whom Trail will
be conducted shall not get influenced by any
observations made in this order.

(d) With this, the criminal application stands disposed of
accordingly.

JUDGE
!! BRW !!

…../-

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