Allowed

Chhaya Dharmaraj Pacharne v. the State of Maharashtra

Bombay HC18 Sept 2021ABA/1/2020

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application in an investigation for abetment to suicide. After finding no case for custodial interrogation, the judge confirmed the interim protection and ordered the applicant's release on bail if arrested.

What did the court decide?

Anticipatory bail allowed; interim order dated 3-1-2020 confirmed; applicant to be released on bail upon arrest with PR bond of Rs.25,000/- and sureties.

Chhaya Dharmaraj Pacharne Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1 OF 2020

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Chhaya Dharmaraj Pancharne

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Applicant

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versus

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The State of Maharashtra

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Respondent

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Mr.Siddhartha R. Ronghe, Advocate, for applicant.
Mr.S.R.Agarkar, APP, for State.
PSI Rohan Deshmukh, Sion Police Station, present.

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CORAM :PRAKASH D. NAIK, J.

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DATE :18th September 2021

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PC :

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1.This is an application for anticipatory bail in CR No.297 of
2019 registered with Sion Police Station on 23-12-2019 for offences
under Section 306 r/w 34 of Indian Penal Code.

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2.The FIR was lodged by the brother of deceased. It is alleged
that the deceased was being harassed by accused no.1 who was her
nephew and accused no.2 (applicant) who is the wife of accused
no.1. Initially the deceased was found missing from house and
thereafter she was found in a pond at Sion. The FIR was registered
thereafter on 23-12-2019.

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3.The accused no.1 was arrested and subsequently he has been
granted bail. Learned counsel for applicant submit that entire case
of the complainant is false. The allegations are concocted. There is
no cogent reason to establish that the victim had committed suicide.
Apparently it is a case of accident. The husband of victim had filed a

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2 of 2 1.ABA.1.2020.doc

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complaint against present complainant on 16-12-2019. The incident
had occurred on 18-12-2019 and thereafter belatedly the FIR was
registered on 23-11-2019.

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4.Learned APP submitted that the applicant has also preferred
petition for quashing the FIR which is pending in this Court and
there is a direction not to file charge sheet.

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5.On perusal of the FIR and the documents on record, no case is
made out for subjecting the applicant to custodial interrogation. The
applicant was granted interim protection vide order dated 1-3-2020.
In the light of the factual aspects of the matter, the interim protection
granted by this Court deserves to be confirmed. Hence, I pass
following order :

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ORDER

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(i) Anticipatory Bail Application is allowed and disposed of;

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(ii) Interim order dated 3-1-2020 is confirmed;

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(iii)In the event of arrest of applicant in CR No.297 of 2019
registered with Sion Police Station, Mumbai, the applicant be
released on bail on his executing PR bond in the sum of Rs.25,000/-
with one or more sureties in the like amount.

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(PRAKASH D. NAIK, J.)

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MST

Chhaya Dharmaraj Pacharne v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Chhaya Dharmaraj Pacharne v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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