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Swapnil S/O. Kamalkumar Devdiya … vs State Of Maharashtra Thr. Its … on 5 October, 2018

1 aba707.18

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

CRIMINAL APPLICATION (ABA) NO. 707/2018

Swapnil S/o Kamalkumar Devdiya (Jain) ors.
..VS..
State of Maharashtra , Thru its PSO Shantinagar, PS, Nagpur and investigated by Crime
Branch, Nagpur
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders of directions
and Registrar’s orders
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Shri S.S. Jaiswal, Advocate for the applicant(s)
Shri T.A. Mirza, APP for the non-applicant/State

CORAM : Z.A.HAQ, J.

DATED : 05/10/2018

After arguing for some time, the learned advocate
for the applicant no. 1/Swapnil S/o. Kamalkumar Devdiya
seeks permission to withdraw the application.

The application of the applicant no. 1 is disposed
as withdrawn.

As far as the applicant nos. 2 to 5 are concerned,
they are apprehending arrest in connection with Crime
No. 51/2018 registered by the non-applicant for the offences
punishable under Section 304B, Section 306, Section 498A
r/w Section 34 of the Indian Penal Code.

The facts on record show that Sarika (wife of the
applicant no. 1/Swapnil) committed suicide within 3 years of
her marriage, the cause according to the Investigating Agency
being that the applicant no. 1/Swapnil had illicit relationship
with the co-accused/Neelam.

Though the application is opposed on the ground
that investigation is still in progress, considering the nature of
accusations against the applicant nos. 2 to 5 and as the

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2 aba707.18

Investigating Agency has not been able to point out that
custodial interrogation of the applicant nos. 2 to 5 is required
for further investigation, the following order is passed:-

In the event of arrest in connection with Crime
No. 51/2018 registered by the non-applicant, the applicant
no. 2/Kamalkumar S/o. Buddhilal Devdiya, the applicant
no. 3/Smt. Malti Kamal Kumar Devdiya, the applicant
no. 4/Sachin S/o Kamalkumar Devdiya and the applicant
no. 5/Smt. Priyanka Singhal Devdiya be released on bail on
executing P.R. Bond for Rs. 20,000/- each and on furnishing
two solvent sureties in the like amount for each of the
applicant.

The application of the applicant nos. 2 to 5 is
allowed accordingly.

JUDGE
Ansari

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