Ramling Appa More v. Ramesh S/O Navnath Gawad And Others

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.7052 OF 2014 IN CRIMINAL APPLICATION NO.7002 OF 2014 Ramling Appa More.

..Applicant/ Orig. Complainant -VersusRamesh Navnath Gawad and others.

..Respondents ...........

Mr.V.S.Kadam, Advocate i/by Mr.M.P.Tripathi, for the Applicant/ Original Complainant.

Mr.Shrikant Veer, Advocate for the Respondent Nos.1 to 4/ Original Applicants in Criminal Application No.7002/2014. Mr.P.N.Mule, APP, for the Respondent/ State.

...........

CORAM: M.T. JOSHI, J.

(VACATION COURT) DATE :- 29th December, 2014 P.C.:

Heard both sides.

For the reasons stated in the Criminal Application No.7052/2014 for assisting the Public Prosecutor, the same is allowed. (M.T. JOSHI, J.)

*2*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.7002 OF 2014 Suman Navnath Gawad and others.

..Applicants -VersusThe State of Maharashtra.

..Respondent ...........

Mr.Shrikant Veer, Advocate for the Applicants. Mr.V.S.Kadam, Advocate i/by Mr.M.P.Tripathi, for the Original Complainant.

Mr.P.N.Mule, APP, for the Respondent/ State.

...........

CORAM: M.T. JOSHI, J.

(VACATION COURT) DATE :- 29th December, 2014 P.C.:

Heard both sides.

During the hearing, Mr.Veer, learned counsel appearing for the Applicants, on instructions, submits that the Applicants do not wish to press the Criminal Application insofar as the Applicant No.2- Sunil @ Bapu Navnath Gawad is concerned. However, liberty may be given to file a similar application in the Sessions Court after the charge sheet is filed. Mr.Veer, however, submits that the Applicant Nos.1 and 3 be released on bail.

The submissions from both sides as well as the case papers would show that the deceased Archana was married to Ramesh Navnath Gawad on 24.05.2010. She was allegedly being ill treated by her husband and relatives on the count that she was not able to carry household work. Further, she was unable to cook and therefore, she was kept on starvation.

*3* Fed up with the ill treatment, ultimately she filed the criminal case. The deceased has also filed the application for restitution of conjugal rights. The settlement took between the parties and again the cohabitation was resumed. Again there was ill treatment at the hands of the present Applicants and others on the ground that she should bring money for purchasing the pair of bullocks and agricultural equipments. It is alleged that when the father of the deceased went to meet the deceased on 13.11.2014, at that time her husband made ominous statement that the father would see that certain serious things would happen within a short period. Thereafter, on 18.11.2014 the deceased died due to drowning in the well nearby the village. Therefore, the complaint was filed. Learned counsel appearing for the Applicants submits that the present Applicant Nos.1 and 3 are behind the bar since 19.11.2014. Both are women and the investigation is complete.

On the other hand, Mr.Kadam, learned counsel assisting the APP, opposed the application.

Considering the fact that the present Applicant Nos.1 and 3 are women and the investigation as regards them is practically complete, the following order:- I) The Application insofar as the Applicant Nos.1 and 3 is allowed.

II) The Applicant Nos.1 and 3, namely, Suman Navnath Gawad and Rashika Sunil @ Bapu Gawad, be released on bail in Crime No.87/2014 registered with Dhoki Police Station, District Osmanabad for the offences punishable under Sections 498-A, 306 and 34 of the Indian Penal Code, upon their executing P.R. bond in the sum of Rs.20,000/- (Rupees Twenty Thousand) each and also upon furnishing sureties in the like amount.

III) The application as regards the Applicant No.2, namely, Sunil

*4* @ Bapu Navnath Gawad, is allowed to be withdrawn with liberty to file a similar application before the Sessions Court after the charge sheet is filed. Application is accordingly disposed off.

(M.T. JOSHI, J.)