Allowed

Prasad S/O. Ashok Chambhare v. the State of Maharashtra

Bombay HC1 Apr 2016APPLN/1415/2016

Case brief

AI extract

What is this about?

This court, on hearing both sides in a criminal bail application, held that custodial interrogation of the applicant was not required. Consequently, the application was allowed and bail was granted upon execution of a personal bond and furnishing surety.

What did the court decide?

Bail granted to be released upon executing a P.R. bond in Rs. 15,000 and furnishing surety of the like amount, subject to attending the Investigating Officer.

Prasad S/O. Ashok Chambhare Vs the State of… — Murder and Culpable Homicide | Bombay HC (2016)

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1 Cr. Appln. 1415-2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1415 OF 2016

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Prasad S/o Ashok Chambhare
Age : 22 years, Occu. : Agri.,
R/o : Nahad, Tq. Basmathnagar,
Dist. Hingoli

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 .. Applicant
(Orig. Accused No.3)

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Vs.

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The State of Maharashtra
Through Police Station Officer
Hatta Police Station,
District : Hingoli

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 .. Respondent

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Mr. N.V. Gaware, Advocate for the applicant
Mr. U.S. Mote, A.P.P. for the respondent-State

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 CORAM: M.T. JOSHI, J.
 DATE : 01/04/2016

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ORAL ORDER :

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Heard both sides.

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2.The present applicant, who is apprehending

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arrest at the hands of Hatta Police Station, Tq. Hatta,

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Dist. Hingoli in crime no. 57 of 2015 for the offences
punishable under section 306, 324, 323, 504, 506 r/w.
34 of the Indian Penal Code, is praying for his release

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on bail, in the event of his arrest.

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3.The complaint of the sister-in-law of the

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2 Cr. Appln. 1415-2016

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present applicantwould show that he alongwith his
mother and brother i.e. husband of the complainant had
started quarreling with the complainant on some issue,
as to why she had not brought the meal. The deceased
Bapurao Chambhare, who is the grandfather of the
present applicant intervened in the same. In the said
incident, the said deceased was also insulted.

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4.The husband and the mother-in-law of the
complainant continued to beat the complainant with a
belt. As the deceased was insulted by his own
grandsons and his daughter-in-law, he ultimately
committed suicide and, therefore, the offence came to
be registered.

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5.Upon hearing both sides, it is transpired that
while the allegations of the assault on the complainant
and the deceased are made against the husband and the
mother-in-law of the complainant, so far as present
applicant is concerned, the allegations are that he
joined in giving abuses and insulting the complainant
as well as the deceased.

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6.Considering all the facts on record, in my

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3 Cr. Appln. 1415-2016

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view, the custodial interrogation of the applicant is
not required. In the circumstances, the following
order:-

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7. The Application is allowed.

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8.In the event of the arrest of the applicant in

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crime no. 57 of 2015 registered at Hatta Police
Station, Tq. Hatta, Dist. Hingoli for the offences
punishable under section 306, 324, 323, 504, 506 r/w.
34 of the Indian Penal Code, he be released on bail,
upon his executing P.R. bond in the sum of Rs.15,000/-
(Rs. Fifteen Thousand) and also upon furnishing surety
in the like amount.

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9.The applicant shall attend the Investigating
Officer, as and when reasonably called for the purposes
of investigation/interrogation.

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10.Application stands disposed of accordingly.

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Sd/-
[M.T. JOSHI]
 JUDGE

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arp/

Prasad S/O. Ashok Chambhare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Prasad S/O. Ashok Chambhare v. the State of Maharashtra

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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