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Mangal @ Mangesh Budhakar Telmore vs The State Of Mah., Thr. P S O P S M I D C … on 16 August, 2019

1 aba 576.19.odt

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

Criminal Application (ABA) No.576 of 2019
(Mangal @ Mangesh Telmore and others V State of Maharashtra thr
PSO PS MIDC, District Akola)
————————————————————————————————————————————————
Office Notes, Office Memoranda of Court’s or Judges Order.
Coram, appearances, Court’s Orders
or directions and Registrar’s orders.
Shri M. Badar, Counsel for applicants.
Shri N.R. Rode, APP for State.

Coram : Manish Pitale, J.

Dated : 16th August, 2019.

Heard the learned Counsel for the applicant.

2. Issue notice returnable on 17-09-2019

3. Shri Rode, learned AGP waives notice on behalf of the non-
applicant State.

4. The applicants have approached this Court apprehending
arrest in connection with FIR dated 31-07-2019, whereby offences under
Sections 498A and 306 read with Section 34 of the IPC have been
registered against the applicants.

5. The complainant in the present case is the father of the
deceased and the allegation against the applicants is that immediately
after marriage between applicant no.1 and the victim on 15-07-2019,
when the victim started living with the applicants from 18-07-2019
onwards, they harassed her, thereby creating a situation where she was
driven to commit suicide. It is alleged that applicant no.1 being her
husband had suspected the character of the victim on the first night of their
cohabitation. The Sessions Court has taken note of the fact that there was

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2 aba 576.19.odt

dying declaration of the victim and it is recorded that the dying declaration
also does not appear to state the reason for which the victim was being
harassed. It is also significant that in the present case it is claimed that the
incident took place between 18-07-2019 to 23-07-2019 and yet the FIR
has been belatedly filed on 31-07-2019.

Considering the aforesaid facts, a case for grant of ad interim
protection is made out.

6. Hence, in the event of arrest the applicants are arrested in
Crime no. 160 of 2019 registered at Police Station MIDC, District Akola,
they shall be released on bail on furnishing PR Bond of Rs. 15 000/- each
and surety in the like amount. The applicant no.1 shall attend the Police
Station MIDC, District Akola, once a week i.e on Sunday between 5.00 pm
to 10.00 am during the pendency of the application. The applicant nos. 2
to 7 shall cooperate with the investigation and make themselves available
to the Investigating Officer as and when required, The applicants shall not
tamper with the evidence or influence the witnesses.

7. Hamdast granted.

JUDGE
Deshmukh

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