The court granted pre-arrest bail to the father-in-law and mother-in-law of the deceased in a section 498-A/306/34 IPC case, holding them entitled to bail as the main accused husband had already been granted bail by the Sessions Court.
Grants pre-arrest bail on executing personal bond of Rs.15,000/- with one surety of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 45 OF 2008
1. Mohammad S. Rangwala
2. Asma M. Rangwala .. Applicant
V/s
State of Maharashtra .. Respondent
Mr.M.H. Solkar for the applicants.
Mr.R.M. More, A.P.P. for the State.
CORAM : D.G. KARNIK, J.
DATE : 25TH JANUARY 2008
P.C. :
1. Heard the learned counsel for the applicants and
the learned A.P.P. for the State.
2. The applicants seek pre-arrest bail in respect
of crime registered with Manikpur Police Station, Vasai,
District Thane under C.R. No.I-395/2007 punishable
under sections 498-A, 306 read with 34 of the Indian
Penal Code.
3. The applicant no.1 is the father-in-law and the
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applicant no.2 is the mother-in-law of the deceased.
The allegation is that the husband of the deceased was
demanding the sum of Rs.2,00,000/- from the deceased/
her parents. There is no allegation of dowry demand by
the applicants.
4. The husband of the deceased, who had allegedly
demanded dowry, has been granted bail by the Sessions
Court, Vasi by an order dated 15th January 2008 passed
in Bail Application No.3 of 2008. In view of the fact
that the main accused has been granted bail, in my view,
the applicants are also entitled to pre-arrest bail.
Hence, I pass the following order:-
ORDER
In the event of the arrest of the applicants or any of
them in connection with the offence mentioned above,
each of them shall be released on bail on executing
personal bond of Rs.15,000/- with one surety of the like
amount subject to the following conditions:-
(a) The applicants shall not make any inducement nor
give any threats to any of the prosecution witnesses and
shall not in any manner tamper with the prosecution
evidence and shall cooperate with the investigation.
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(b) The applicants shall attend the police station
as and when summoned for interrogation by the police.
(c) This order shall come to an end on the charge
sheet being filed whereupon the applicants shall be
entitled to apply for regular bail before the regular
court. If such application is made, it shall be
considered on its own merits without being influenced by
any of the observations made in this order.
(D.G. KARNIK, J.)
1 issue framed by the court
Whether the applicants are entitled to pre-arrest bail since the main accused has been granted bail.
Mohammad S. Rangwala
Asma M. Rangwala
State of Maharashtra
D.G. KARNIK
As recorded by the court registry
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