Application for anticipation bail sought by a Police Inspector apprehending arrest in a matrimonial murder case. Court confirmed previous ad-interim bail directing cooperation with investigation.
Ad-interim relief granted on 3.8.2011 is confirmed; applicant directed to give attendance to investigator and cooperate in investigation.
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.
crap3350.11
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3350 OF 2011
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Office Notes, Office |
Memoranda of Coram, |
appearances, Court's | Court’s or Judge’s orders
orders or |
directions and |
Registrar's orders |
_________________________________________________________________________________
Shri N.S.Ghanekar, advocate for the applicant Shri D.R.Korde, A.P.P. for respondent nos.1 and 2
CORAM : SHRIHARI P.DAVARE, J.
DATED : 20th August, 2011.
PER COURT :-
which are made available for the inspection purpose.
2 This is an application preferred by applicant seeking anticipatory bail apprehending his arrest in
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connection with C.R. No. I-269 of 2011, registered at CIDCO police station, Aurangabad, for the offences punishable under Sections 498-A, 306, and
34 of the Indian Penal Code.
by this court by order, dated 3.8.2011 and same is effective till today.
5 At the out set, although the incident of death of victim Sharda took place on 3.7.2011, it appears that the complaint was registered on 9.7.2011 i.e. after delay of about 6 days.
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were passed for the marriage of the applicant and deceased Sharda and during the said span, there was no complaint against the applicant in respect of alleged illtreatment to the victim. Moreover, it is also pointed out that there are two children born out of the said wedlock of victim Sharda and the applicant herein and one is 14 years old and another is 8 years old and their statements have been recorded by the police personnel during the investigation, as well as statements of neighbourers have been recorded, but no finger of guilt has been raised against the applicant herein.
7 Besides, it is pointed out that deceased Sharda was suffering from mental disease and she was given medical treatment by various doctors. It appears from the certificate (Exh.’C’ Page 45) that deceased Sharda Darade was under treatment of Dr. Adwait Padhye for Bipolar I disorder currently mixed episode. Moreover, the case paper produced at page 87 of Saoji Tupkari Hospital discloses that
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deceased Sharda Darade was suffering from Mood Disorder with Psychosis. It is also submitted that the applicant is serving as Police Inspector and his arrest would affect his entire career and ruin his family.
8 Moreover, the investigation papers were made available for the perusal purpose and the postmortem notes disclose the cause of death of victim deceased Sharda as, “Hanging. Viscera preserved for chemical analysis”.
10 In the result, present application is allowed and ad-interim relief granted in favour of the applicant on 3.8.2011 stands confirmed. However, the applicant is directed to give attendance before the concerned investigator, as and when required, till filing of
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charge sheet and to cooperate in the investigation, and present application stands disposed of accordingly.
(SHRIHARI P. DAVARE), JUDGE.
dbm/crap3350.11
2 issues framed by the court
Whether the applicant is entitled to confirmation of ad-interim anticipatory bail in cases under Sections 498-A and 306 IPC.
Whether the delay in registration of complaint and the victim’s mental condition warrant confirming bail.
Shri D.R.Korde
SHRIHARI P.DAVARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court