The High Court allowed an anticipatory bail application filed by a male applicant in a matrimonial case. The court observed that despite allegations of physical harassment and demand for money, custodial interrogation was not essential.
Application allowed; Interim relief of 18th March 2021 confirmed and made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABA306.2021
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
ANTICIPATORY BAIL APPLICATION NO. 306 OF 2021
Piyush s/o Haridas Bawaskar, Age : 31 years, Occu. Private Service, R/o. Sambhaji Colony, Opp. Jain Temple, Aurangabad.
... Applicant
Versus
The State o Maharashtra ... Respondent
..... Mr. V. D. Sapkal, Sr. Counsel i/b Mr. N. E. Deshmukh, Advocate for the applicant
Mr. N. T. Bhagat, APP for respondent / State
CORAM : V. G. BISHT, J. DATED : 25th August, 2021
PER COURT : -
Criminal Procedure, 1973 preferred by the applicant seeking grant of pre-arrest bail in connection with Crime No. 0068 of 2021, registered with Zillapeth Police Station, District Jalgaon for the offences punishable under Sections 377, 417, 420, 406, 294 and 498A of the Indian Penal Code.
SG Punde, PA
ABA306.2021 -2-
SG Punde, PA
ABA306.2021 -3-
There being no merit in the application, the same is liable to be rejected, argued learned APP.
the informant was allegedly subjected to physical and mental harassment at the hands of the applicant and his family members. Even, according to informant, there was demand of moneys in order to repay the home loan. Taking into consideration the nature of allegations and the relation between the parties, I am of the considered view that it is not a case where the custodial interrogation of the applicant is must. This being so, the present application deserves consideration.
ORDER
[ V. G. BISHT ] JUDGE
SG Punde, PA
2 issues framed by the court
Whether anticipatory bail should be granted given the allegations of domestic violence and matrimonial dispute.
Whether custodial interrogation is necessary for custodial interrogation in a matrimonial dispute case.
1 provisions across 1 enactments
Piyush s/o Haridas Bawaskar
The State of Maharashtra
V. G. Bisht
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
