Allowed

Heena Chandkhan Pathan and Anr. v. the State of Maharashtra and Anr.

Bombay HC10 Feb 2012APPLN/260/2012

Case brief

AI extract

What is this about?

In this anticipatory bail application, the High Court of Bombay allowed the prayer for the sister and father of a deceased woman arrested under Sections 498-A and 304-B IPC. The court held that the case relied solely on the second dying declaration, which cast grave doubt on the prosecution's version of events.

What did the court decide?

Anticipatory bail granted to the applicants subject to the execution of personal bond and surety bond of Rs. 5,000/- each.

Heena Chandkhan Pathan and Anr. Vs the State of… — Writ and Judicial Review | Bombay HC (2012)

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1 CriApln260/12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 260 OF 2012

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1 Heena Chandkhan Pathan Applicants

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2 Chandkhan Alamgir Pathan

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V E R S U S

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The State & another

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Respondents

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 Shri N.V. Gaware, Advocate, holding for
Shri Shashikiran N. Patil, Advocate for the applicants
Shri R.P. Phatke, APP for the respondents – State

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 CORAM : A. H. JOSHI, J.
 DATED : 10TH FEBRUARY, 2012

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PER COURT :

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1.This is an application for anticipatory bail.
Applicant No. 1 is the sister and applicant No. 2 is the
father of husband of deceased Sajiya.

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2.Crime No. I-291 of 2011 of Tofkhana Police

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Station, District Ahmednagar, has been registered under
Sections 498-A, 304-B read with Section 34 of the Indian
Penal Code.

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2 CriApln260/12

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3.This anticipatory bail application is filed on

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the ground that the case solely depends on second dying
declaration, which is given by the deceased.

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4.The Investigating Officer, during the course of
investigation, has recorded statements of five witnesses.
Out of these five witnesses four witnesses are near
relatives of the deceased. One amongst witnesses,
Mohanlal Shankar More is landlord where the couple had
last resided.

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5.None amongst the witnesses are able to state
what was the exact illtreatment given to the deceased,
due to which she has been driven to commit suicide.

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6.As per second dying declaration she was putto
ablaze by in-laws. Second dying declaration comes under
grave doubt. In these premises, applicants would not
seem to be involved in the act of homicide.

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7.In view of above, applicants are entitled to be

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released on anticipatory bail. This application is
allowed in terms of prayer clause ‘B’. Personal Bond and

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3 CriApln260/12

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Surety Bond shall be Rs.5,000/- (Rupees Five Thousand)

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each.

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 ( A. H. JOSHI, J. )

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SRM/10/2/12

Heena Chandkhan Pathan and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Heena Chandkhan Pathan and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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