1 aba427.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 427/2011 Ishwar Natthuji Shambharkar and ors. ..vs.. State of Maharashtra, thr. PSO P.S. Samudrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. M. Rizwy, Advocate for applicants. Mr. M. J. Khan, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : DECEMBER 15, 2011. 1. This is an application under Section 438 of the Code of Criminal Procedure for releasing the applicant nos. 1 to 3 on anticipatory bail against whom an offence bearing Crime No. 122/2011 is registered with Police Station Samudrapur, Dist. Wardha for an offence punishable under sections 498-A, 306 read with Section 34 of the Indian Penal Code. 2. One Poonam Pradip Shambharkar had married applicant no.3-Pradip Ishwar Shambharkar on 03.06.2010. She delivered a child. On 23.10.2011, while she was in her matrimonial house, she consumed poison and died. On 25.10.2011, Rahul Haribhau Gote lodged FIR on the basis of which offence came to be registered. It has been alleged in the FIR that initially for few months, Poonam was treated well. However, thereafter, her in-laws started ill-treating her. There was a demand of Rs. 50,000/- for constructing the house. 3. The fact that Poonam was required to end her life just within a year and that too leaving a small child behind her, points out that she was constrained to take extreme step of consuming 2 aba427.11.odt poison. It is coupled with an allegation of applicant no.3 i.e her husband making demand of the amount and also ill treating her. 4. As regards applicant no.1, who is aged about 65 years and applicant no.2 who in fact has nothing to do with the matrimonial affairs of applicant no.3-Pradip have also been arrayed on the basis of the general and vague allegations of treating Poonam with cruelty. 5. Considering the nature of allegations against applicant no.3-Pradip, he cannot be granted pre-arrest bail. Hence, the application, so far as it relates to applicant no.3-Pradip Ishwar Shambharkar, is rejected. 6. The application so far as it relates to applicant no.1 Ishwar Natthuji Shambharkar and applicant no.2-Yogesh Ishwar Shambharkar is allowed. In the event of arrest of applicant No.1 Ishwar and applicant no.2-Yogesh, they are directed to be released on their executing PR Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand Only) each with two sureties each in the like amount. The applicant nos. 1 and 2 shall attend Police Station, Samudrapur, Dist. Wardha as and when directed by the Investigating Officer. JUDGE kahale