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Swapnil S/O Gopal Ambilkar vs State Of Mah., Thr. P.S.O. Ps Mana, … on 4 February, 2020

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

CRIMINAL APPLICATION (ABA) NO. 30 Of 2020
Swapnil s/o Gopal Ambilkar .Vs. State of Maharashtra, through PSO, PS,
Mana, Tah. 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. R.R. Vyas, Advocate for applicant.
Mr.P.S. Tembhare, A.P.P. for non applicant-State.
Mr. A.S. Londhe, Advocate for first informant.

CORAM : V. M. DESHPANDE, J.
DATED : FEBRUARY 04, 2020

CRIMINAL APPLICATION (APPP) NO. 52 OF 2020
This is an application for assisting the prosecution
filed by the first informant.
For the reasons stated in the application, the
application is allowed. Mr. A.S. Londhe, learned counsel is
allowed to assist the prosecution.
The application is disposed of.

CRIMINAL APPLICATION (ABA) NO. 30 OF 2020
Heard Mr. Vyas, learned counsel for applicant,
Mr. Tembhare, learned Additional Public Prosecutor for non
applicant-State and Mr. Londhe, learned counsel for first
informant assisting the prosecution. Also perused the reply
filed on behalf of the prosecution.
The applicant is apprehending his arrest in
connection with Crime No.197/2019 registered with Police

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Station, Mana, Tah. Murtizapur, Dist. Akola for an offence
punishable under Sections 498A, 306 read with Section 34
of the Indian Penal Code.
The oral report culminated into registration of
crime was given by Pralhad Namdeo Sevane on 13.11.2019.
His report would show that his daughter Shweta (the
deceased) was in love with applicant and on her own she
performed Court marriage with him on 06.12.2016. The
report would show that after her marriage, within 2 to 3
days, applicant went to Pune, where he was serving in a
private company. It is the statement made in the First
Information Report (FIR) that the deceased was not allowed
to have telephonic talk with her parents by her in-laws as
well as by applicant. However, she on her own used to
make phone calls to her parents. The report further recites
that in July, 2019 deceased made phone call to her mother
and disclosed that for her delivery she would be coming to
village Pohi, where her matrimonial house is situated.
However, it was disclosed that she was intending that she
should be at Daryapur. Daryapur is her parental place.
Even after coming to Pohi as per the statements in the report
though she was intending to give birth at Daryapur however
she was not permitted by applicant and her in-laws. The
report also shows that the brother-in-law of the first
informant was also asked that Shweta should be permitted
to go at village Daryapur however he was also not permitted
to take her at Daryapur. The report would show that on
13.11.2019 deceased committed suicide.

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On minute scrutiny of the report it discloses that
at no point of time there was a demand of whatsoever
nature either by applicant or in-laws of the deceased. The
allegation in the report that there was mental torture, is
most general in nature. During the course of hearing, it is
made known to this Court that at village Pohi the deceased
gave birth to a girl child.
From the investigation papers, in my view, prima
facie it does not appear that there was any element of
abetment at the hands of the applicant to the deceased to
commit suicide. It is also made known to this Court by the
learned Additional Public Prosecutor that parents of the
applicant are already released on bail by the Court below.
Since there are no allegations whatsoever about
demand or any physical torture to the deceased and the
allegations in respect of the mental torture are most general
in nature, in my view, at present custodial presence of the
applicant is not at all necessary. Resultantly, 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, Tah.
Murtizapur, Dist. Akola for an offence punishable under
Sections 498A, 306 read with Section 34 of the Indian Penal
Code, applicant – Swapnil s/o Gopal Ambilkar be released
on bail on he executing P.R. bond in the sum of ₹15,000/-

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with one solvent surety in the like amount.

(iii) The applicant is directed to attend Police Station,
Mana, Tah. Murtizapur, Dist. Akola twice in a week i.e. on
every Sunday and Tuesday and shall be with the
investigating officer from 11:00 a.m. to 05:00 p.m. till filing
of the charge-sheet.

The application is disposed of.

JUDGE
srwagh

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