Partly allowed

Priyanka W/O Sanjaykumar Dhawale @ Priyanka D/O Shankar Gaware @ Priya v. the State of Maharashtra

Bombay HC6 Dec 2024ABA/1623/2024

Case brief

AI extract

What is this about?

In two linked anticipatory bail applications, the High Court at Aurangabad, on the basis of a victim's suicide note attributing the alleged offence to the husband, recorded reasons against custodial interrogation and confirmed interim protection for the applicants subject to standard conditions.

What did the court decide?

Interim protection granted in the case of Prakash Bhusare was confirmed and the Criminal Application was disposed of accordingly, subject to conditions.

Priyanka W/O Sanjaykumar Dhawale @ Priyanka D/O Shankar… — Anticipatory Bail | Bombay HC (2024)

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2024:BHC-AUG:28671

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1623.24aba

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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919 ANTICIPATORY BAIL APPLN. NO.1623 OF 2024

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PRIYANKA W/O SANJAYKUMAR DAVHALE @ PRIYANKA D/O SHANKAR GAWARE @ PRIYA

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VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr.R.N.Dhorde, Senior Advocate i/b. Mr.V.R.Dhorde with Mr.S.S.Dudhane

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APP for Respondent-State : Mr.P.K.Lakhotiya Advocate for the Assist to P.P. : Mr.R.V.Gore

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WITH

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CRIMINAL APPLICATION NO. 4067 OF 2024 IN ABA/1623/2024

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PRAKASH S/O. BABURAO BHUSARE

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VERSUS

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THE STATE OF MAHARASHTRA & OTHERS

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Advocate for Applicant : Mr.R.V.Gore

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APP for Respondent-State : Mr.P.K.Lakhotiya

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Advocate for the respondent no.2 : Mr.R.N.Dhorde, Senior Advocate i/b. Mr.V.R.Dhorde with Mr.S.S.Dudhane

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CORAM : ARUN R. PEDNEKER, J. DATE : 06.12.2024

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P.C. :

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1] Heard. For the reasons stated in the Criminal Application for assisting to the P.P., the same is allowed. Criminal Application is disposed of accordingly.

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1623.24aba

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2] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the informant.

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3] The applicant is apprehending arrest in connection with F.I.R. No. 0547/2024, registered with CIDCO Police Station, Dist. Aurangabad, for the offence punishable under Section 80, 85, 108 of the Bhartiya Nyaya Sanhita, 2023.

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4] The learned counsel for the applicant submits that this Court, by order dated 26.09.2024, has granted interim protection in favour of the applicant and she has cooperated with the investigation. She has also attended the concerned police station. The charge-sheet is also filed in the matter.

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5] Perused the suicide note written by the victim. It is an extensive note wherein she has narrated the allegations with regards hre husband, who has doubted her character and on that count caused mental harassment to her. FIR was lodged on 25^th August, 2024. After 10 days i.e. on 2^nd September, 2024, supplementary statement of father of the victim has been recorded wherein he has taken the name of the applicant and has stated with regards harassment made by the present applicant, who is sister in law of the deceased. The applicant is married lady, having

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1623.24aba

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three years old child and she is residing at Osmanabad [Dharashiv].

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6] Considering the suicide note and the reasons as noted therein, custodial interrogation of the applicant in this crime is not warranted. I have not expressed anything about merits of the matter. In view of the same, the interim protection granted by this Court by order dated 26.09.2024 stands confirmed, on the following conditions :

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i] The applicant shall attend the concerned police station as and when called by the Investigating Officer.

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ii] The applicant shall not tamper with the evidence of the prosecution in any manner. She shall not influence the informant, witnesses and other persons concerned with the case.

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iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

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7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

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1623.24aba

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8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

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9] The application stands disposed of.

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[ARUN R. PEDNEKER] JUDGE

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DDC

Priyanka W/O Sanjaykumar Dhawale @ Priyanka D/O Shankar Gaware @ Priya v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Priyanka W/O Sanjaykumar Dhawale @ Priyanka D/O Shankar Gaware @ Priya v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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