Yamunabai W/O Bhimrao Narwade And Others v. The State Of Maharashtra
*1* kps
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6963 OF 2014 Yamunabai Bhimrao Narwade and others.
..Applicants -VersusThe State of Maharashtra.
..Respondent ...........
Mr.V.D.Salunke, Advocate for the Applicants.
Mr.B.L.Dhas, APP, for the Respondent/ State.
...........
CORAM: M.T. JOSHI, J.
(VACATION COURT) DATE :- 29th December, 2014 P.C.:
Heard both sides.
The present Applicants who are in-laws of the deceased are praying for Anticipatory Bail.
The First Information Report lodged by the uncle of the deceased Vrushali would show that the deceased Vrushali was married to Pramod on 07.04.2014. After marriage there was ill treatment given to the deceased by her husband and in-laws on the ground that she is dwarf. Further, there were illicit relations between her husband Pramod and his sister-in-law Urmila. Additionally, it was alleged that her personal ornaments were mortgaged with the Bank by her husband for taking loan and there was demand of Rs.4 lacs from her for the purpose of repayment of the said loan. In such circumstances on 20.11.2014 the Complainant received the information that she was admitted to the Ashwini Hospital, Solapur. When the Complainant and others reached the hospital, she was found dead. According to the Complainant, he has seen the signs on neck
*2* and both lips of the dead body were swollen. Therefore, the complaint was filed alleging that by ill treating the deceased, ultimately she was murdered.
Learned counsel appearing for the Applicants points out that the deceased was admitted in the Ashwini Hospital by her husband and inlaws. At that time, she had very high sugar. The provisional diagnosis by the physician there at was of seizures.
Learned APP opposed the application and he submits that the Postmortem is carried out. The viscera is sent to the Chemical Analyzer and his report is yet to receive.
A perusal of the Postmortem would show that there were therapeutic wound and therapeutic mark on the right side of the neck. However, the viscera is preserved.
Considering the fact that the present Applicants are women and in view of the medical papers, in my view, the Applicants can be released on Anticipatory Bail for a limited period. In the circumstances, the following order:- (a) The Criminal Application is allowed.
(b) In the event of arrest of the Applicants in Crime No.72/2014 registered with Tamalwadi Police Station, Taluka Tuljapur District Osmanabad for the offences punishable under Sections 302, 304(B), 498(A) r/w 34 of the Indian Penal Code, until further orders, they be released on bail, upon their executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each and also upon furnishing sureties in the like sum.
(c) The Applicants shall attend the Investigating Officer, as and when reasonably called by him for the purposes of investigation. (d) The effect and operation of this order shall remain in force for a period of six months from today.
*3* (e) After a period of six months, the Applicants would be at liberty to apply for confirmation of the above order. In the same way, the Prosecution would be at liberty to file an application for revocation of the above order in the light of the Chemical Analyzer's report which may be received or any other material which may come on record. (M.T. JOSHI, J.)