1 CR.APL NO.961/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.961 OF 2011 1. Dattatray Namdev Gaikwad, Age: 50 years, Occu: Agriculturist, 2. Sau.Shobha w/o Dattatray Gaikwad, Age 46 years, occu: Housewife, Both r/o Chakradhar Society, Gaikwad Mala, Datta Mandir Road, Nashik Road, Nashik. ...APPLICANTS VERSUS 1. The State of Maharashtra, Through Police Station Officer, Raju Police Station, Tal.Akole, Distt. Ahmednagar. 2. The Superintendent of Police, Ahmednagar, Dist. Ahmednagar. ...RESPONDENTS ... Mr.S.P.Brahme, Adv., for the applicants. Mr.V.H.Dighe, APP for State. Mr.Sandeep Deshmukh, Adv., to assist to APP. ... CORAM: K.U.CHANDIWAL, J. DATE:21-3-2011 *** 2 CR.APL NO.961/2011 PER COURT : 1. Application to assist learned A.P.P. moved by Mr.Sandeep Deshmukh, Counsel, is allowed. 2. Heard. Pre-arrest bail, in Crime No.I-7/2011, registered at Rajur Police Station, dist. Ahmednagar, for an offense under Sections 302, 498-A, 120-B of IPC is sought by parents in law of deceased Varsha, who was given in marriage to Hemantkumar on 29.5.2010. 3. Without adverting to the events that have taken place on 13.2.2011, at or near Bhandardara or Randhwa Falls, the fact remains, Varsha breathed her last. This Court need not to opine whether it was accidental death or homicidal; investigation will unearth the same. 4. The complainant, the gloomy father, informs that on 31.12.2010, an amount of Rs. 2,50,000/- was demanded by applicant no.1, however, it is primarily indicated that in the intervening period between 30.12.2010 and 31.12.2010, he had an air travel, supported by tickets and corresponding entries in the passport. There could not be such demand, as has been stated. I am not adverting to earlier demands and few subsequent events. Considering 3 CR.APL NO.961/2011 the role attributed to the accused/applicant, even if he is blessed with criminal prosecutions, however, that should not curtail his liberty. 5. It is informed by the learned Counsel for the accused/applicant that accused applicant is a political figure in the district of Nashik and even contested elections. Mr.Deshmukh, learned Counsel, has a grievance that the activists and disciples of the applicant no.1 have continued their threats by making phone calls to the jittery father Shashikant Gadhe and one such event is illustrated to the Police Inspector, Sinnar, on 17th Feb.,2011. Mr. Brahme submits, this situation could not be controlled by the accused/applicant as somebody, either from his group or from rival group could have been monitoring the situation and making such false reports or such phone calls, at this stage, when the investigation is at crucial stage. 6. Considering the nature of accusations for the events dt.13.2.2011, custodial interrogation of both the accused/applicants not desirable. However, certain stringent conditions deserve to be imposed. Hence, order: ORDER (a) The interim protection in favour of accused/applicant nos. 1 and 2 dt.8th March, 2011, is made absolute. In addition, following conditions are 4 CR.APL NO.961/2011 imposed: (i) The applicants shall not live in the jurisdiction of Nashik district and shall be staying at Mulund (East), Mumbai. (ii) The applicants shall communicate their Mumbai address to the investigator within a week, with communication number. (iii) The applicants shall attend the concerned Police Station ( Navghar Police Station) within whose jurisdiction at Mumbai they will be staying and such attendance shall be on every alternate day between 6 p.m. to 10 p.m. (iv) The applicants shall not directly or indirectly or otherwise coerce, induce, cause any threat to the complainant or his family members or the witnesses concerned in the matter. (v) The accused/applicants are at liberty to attend the investigator in Crime No.I/7/2011, whenever so commanded, twelve hours in advance and for that purpose, relaxation in attendance condition is permitted. Such communication would be preferably by S.M.S. message on the cell phone of the accused/applicant no.1 or his wife, the number that would be communicated to the investigator. Application disposed of. (K.U.CHANDIWAL) JUDGE agp/961-11crapl