In an application for anticipatory bail in a dowry death case, the Court granted interim relief to the applicant suffering from cervical cancer, confirming the prior interim order citing no need for her custody for interrogation.
Application for anticipatory bail allowed; interim relief confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3041 OF 2011 WITH CRIMINAL APPLICATION NO.3299/11
1] The State of Maha. & Ors ...RESPONDENTS
Smt.Madhaveshwari Thube-Mhase, Adv.for applicant. Shri B.J.Sonawane,APP for R-State. Shri N.V.Gaware,Adv.for complainant
CORAM : T.V.NALAWADE,J.
DATE : 28/07/2011
ORAL ORDER:
1] This application is filed for anticipatory bail in Crime No.
139/2011 registered in Shrigonda Police station, Dist.Ahmednagar for offences punishable under Sections 304-B, 498-A, 323, 504, 506 r.w.
34 of I.P.C. Papers of investigation were made available. Both sides are heard. Adv. Shri N.V.Gavare has filed application for permission
to assist P.P. Application No.3299/11 is allowed and he is granted permission to assist APP.
criapln3041-11
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2] Crime is registered on the basis of report given by father of deceased. Deceased was given in marriage to son of applicant in the year 2007. Allegations are made that the family of the applicant was indebted due to purchase of tractor etc. and for repayment of the loan amount, they were in need of money and they were asking deceased to bring the amount from the parents. Daughter was born to the deceased out of this marriage. Allegations are made that even ornaments were snatched from the person of the deceased by husband and his relatives. Allegations are made that due to this illtreatment, incident took place.
3] Police papers show that death took place due to asphyxia due to unknown poison. In the police papers, there are some chits which can be called as suicide notes. These chits were recovered from the dressing table of the deceased.
4] It was submitted that applicant is suffering from Cervical cancer. Some record of the treatment is also produced. Advocate for applicant submitted that the applicant is old lady and she is required to take follow up treatment. She submitted that even husband is granted bail and police will not need custody of the applicant for the purpose of interrogation. In view of this record, this Court holds that anticipatory
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bail can be given to the applicant. Interim relief granted to the
applicant is confirmed.
[T.V.NALAWADE,J.]
umg/criapln3041-11
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant given her ill health and the lack of need for further interrogation.
Girijabai w/o Pandurang Aute
The State of Maharashtra
T.V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
