Allowed

Shantabai Rambhau Chavan and Anr. v. the State of Maharshtra

Bombay HC23 Aug 2011APPLN/3420/2011

Case brief

AI extract

What is this about?

The High Court allowed a criminal application for anticipatory bail. It confirmed interim bail for Applicant No. 2 and granted regular bail for Applicant No. 1, subject to specific conditions regarding cooperation and witness tampering, in a case involving offences under Sections 498-A and 307 IPC.

What did the court decide?

The present application allowed; interim bail for Applicant No. 2 confirmed; Applicant No. 1 to be released on bail upon furnishing P.R. Bond and Rs. 15,000/-.

Shantabai Rambhau Chavan and Anr. Vs the State of Maharshtra — Domestic Violence | Bombay HC (2011)

¶1

FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

¶2

Office Notes,Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions & Registrar's orders.

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CRIMINAL APPLICATION NO. 3420 OF 2011

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SHANTABAI RAMBHAU CHAVAN AND ANR VERSUS

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THE STATE OF MAHARSHTRA

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... Advocate for Petitioner(s) : Mr.Naikwade S K. APP for Respondent(s): Mr. G.R.Ingole. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 23, 2011 ...

¶7

Heard learned respective counsel for the parties, finally and also perused the investigation papers which were made available for the inspection purpose.

¶8

It appears that interim anticipatory bail was granted to the applicant No.2- Ashabai Baban Tawre, by this Court on 5.8.2011.

¶9

The applicants no.1 and 2 have preferred present application, seeking anticipatory bail, apprehending their arrest under Crime No.53/2011, registered at Patoda Police Station, District Beed, for the offence punishable under section 498-A, 307 r/w/ 34 of Indian Penal Code.

¶10

FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

¶11

Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.

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Court's or Judge's orders

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It appears that the dying declaration dated 3.5.2011 of the victim namely Anita Chavan itself was treated as First Information Report and offence was registered, thereon. The applicant No.1 Shantabai Chavan is mother-in-law of victim, where as applicant No.2 Ashabai is her sister in law. It is further alleged in the said F.I.R. that on 2.5.2011, at about 10.30 a.m. her husband started quarrel with her and the applicant nos 1 and 2 caught her and fell down her and her husband Jalindar administered poisonous substance to her by a glass, and thereafter she became unconscious.

¶14

However, it is submitted that husband Jalindar himself removed victim Anita to the hospital. Moreover, it is also canavssed that said husband namely Jalindar has been released on bail. It is also submitted that investigation has been almost completed. Apparently, there are no allegations in the First Information Report, in respect of the cruelty against the applicants, herein.

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In the circumstances and considering the nature of accusations made against the applicants, interim anticipatory bail granted in favour of the applicant

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FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.

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Court's or Judge's orders

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No.2 deserves to be confirmed and applicant No.1 deserves anticipatory bail, in the present application.

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In the result, present application is allowed and interim anticipatory bail, granted in favour of the applicant No.2-Ashabai Baban Tawre by order dated 5.8.2011 stands confirmed. Moreover, in the event of arrest of applicant No.1- Shantabai Rambhau Chavan under Crime No.53/2011, registered at Patoda Police Station, District Beed, she be released on bail, on furnishing P.R. Bond and S.B. 15,000/-. The applicants no.1 and 2 shall adhere with the following conditions :-

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i]. The applicants No.1 and 2 shall give attendance before the concerned investigator as and when required, till the completion of the investigation and shall cooperate in the investigation.

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ii] Applicant nos. 1 and 2 shall not influence upon the witnesses and / or tamper with the prosecution evidence, in any manner, what so ever, directly or indirectly.

¶23

FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions & Registrar's orders.

¶24

Present application stands disposed of finally. These observations are the primafacie observations, may not be used in any other matter, being decided on merits.

¶25

( SHRIHARI P. DAVARE, J. ) aaa/***

Shantabai Rambhau Chavan and Anr. v. the State of Maharshtra

Case brief

What is this about?

What did the court decide?

Shantabai Rambhau Chavan and Anr. v. the State of Maharshtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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