Allowed

Kalpana Madan Abhale and Anr. v. the State of Maharashtra

Bombay HC7 Jun 2017ABA/704/2017

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to three women relatives of a deceased in a dowry death case involving harassment and suicide. The court observed allegations were general and imposed standard bail conditions including reporting and non-tampering.

What did the court decide?

Pre-arrest bail granted on executing bond of Rs. 25,000 each with sureties and complying with reporting and non-tampering conditions.

Kalpana Madan Abhale and Anr. Vs the State of Maharashtra — Domestic Violence | Bombay HC (2017)

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aba.703 & 704.17.9.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 703 OF 2017

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Jyoti Dayanand Abhale ...Applicant Versus The State of Maharashtra ...Respondent

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WITH ANTICIPTORY BAIL APPLICATION NO. 704 OF 2017

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Kalpana Madan Abhale, 2. Nalini Vilas Gunjal ...Applicants Versus The State of Maharashtra ...Respondent

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Ms. Sneha G. Sanap for the Applicants

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Ms. Rutuja Ambekar, A.P.P for the Respondent-State

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CORAM : REVATI MOHITE DERE, J. WEDNESDAY, 7th JUNE, 2017

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P.C.

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Heard learned Counsel for the applicants.

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By these applications, the applicants seek pre-arrest bail in

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connection with C.R. No. 48 of 2017 registered with the Sinnar Police Station, Nashik, for the alleged offences punishable under Sections 498A,

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304B r/w 34 of the Indian Penal Code.

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1/4

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SQ Pathan

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aba.703 & 704.17.9.doc

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The applicant in ABA No. 703 of 2017 is the co-sister of

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deceased Rupali, whereas, the applicants in ABA No. 704 of 2017 are the mother-in-law and sister-in-law of the deceased.

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Learned Counsel for the applicants submits that the allegations

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qua the applicants are general in nature and that the allegations are essentially as against the husband-Rahul. She further submitted that the allegations are that the applicants were ill-treating Rupali, as she had not got domestic articles and sufficient dowry from home, pursuant to which, Rupali committed suicide in her matrimonial home.

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Learned A.P.P is unable to point out any specific allegation as against any of the applicants. She further submits that pursuant to the harassment meted out by the applicants, Rupali committed suicide.

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Perused the papers. Rupali was married to Rahul sometime in July, 2016, after which, she started residing in her matrimonial home. Admittedly, the applicant No.2 Nalini Gunajl in ABA No. 704 of 2017 is the cousin of Rahul and is married and is residing elsewhere. A perusal of

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SQ Pathan

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aba.703 & 704.17.9.doc

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the statements of the complainant and other witnesses show that the allegations as against all the aforesaid three applicants are that they were taunting her, as she had not brought sufficient dowry and domestic articles. It is also alleged that the said persons were stating that if Rahul had got married to another girl, they would have got Rs. 10 to 15 lakhs of dowry. The allegations are against all the applicants. All the said applicants are ladies.

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The allegations as against the applicants are general in nature.

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Considering the aforesaid, the applicants are granted pre-arrest bail on the following terms and conditions :

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ORDER

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(i) In the event of the arrest, the applicants be enlarged on bail on

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executing P.R. Bond in the sum of Rs.25,000/- each, with one or two sureties in the like amount ;

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(ii) The applicants shall report to the Investigating Officer of the

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concerned Police Station as and when called, till the filing of the charge-sheet;

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3/4

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SQ Pathan

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aba.703 & 704.17.9.doc

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(iii) The applicants shall not tamper or attempt to influence

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the complainant, witnesses or any person concerned with the case.

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(iv) The applicants shall inform their latest places of residence and mobile contact numbers and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

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(v) The applicants to cooperate with the investigating agency;

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The applications are allowed in the aforesaid terms and are accordingly disposed of.

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It is made clear that the observations made herein are prima facie, for the purpose of deciding this application.

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All concerned to act on the authenticated copy of this order.

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REVATI MOHITE DERE, J.

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SQ Pathan

Kalpana Madan Abhale and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kalpana Madan Abhale and Anr. 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

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