1 crap3350.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3350 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri N.S.Ghanekar, advocate for the applicant Shri D.R.Korde, A.P.P. for respondent nos.1 and 2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20th August, 2011. PER COURT :- 1 Heard respective learned counsel for the parties, as well as perused the investigation papers which are made available for the inspection purpose. 2 This is an application preferred by applicant seeking anticipatory bail apprehending his arrest in 2 crap3350.11 connection with C.R. No. I-269 of 2011, registered at CIDCO police station, Aurangabad, for the offences punishable under Sections 498-A, 306, and 34 of the Indian Penal Code. 3 It appears that the offence has been registered against the applicant on the basis of complaint lodged by one Bapu Sukhdeo Dahifale on 9.7.2011 in respect of death of his daughter, namely Sharda on 3.7.2011, allegedly by hanging. 4 Ad-interim relief was granted to the applicant by this court by order, dated 3.8.2011 and same is effective till today. 5 At the out set, although the incident of death of victim Sharda took place on 3.7.2011, it appears that the complaint was registered on 9.7.2011 i.e. after delay of about 6 days. 6 Moreover, it is canvassed that about 16 years 3 crap3350.11 were passed for the marriage of the applicant and deceased Sharda and during the said span, there was no complaint against the applicant in respect of alleged illtreatment to the victim. Moreover, it is also pointed out that there are two children born out of the said wedlock of victim Sharda and the applicant herein and one is 14 years old and another is 8 years old and their statements have been recorded by the police personnel during the investigation, as well as statements of neighbourers have been recorded, but no finger of guilt has been raised against the applicant herein. 7 Besides, it is pointed out that deceased Sharda was suffering from mental disease and she was given medical treatment by various doctors. It appears from the certificate (Exh.’C’ Page 45) that deceased Sharda Darade was under treatment of Dr. Adwait Padhye for Bipolar I disorder currently mixed episode. Moreover, the case paper produced at page 87 of Saoji Tupkari Hospital discloses that 4 crap3350.11 deceased Sharda Darade was suffering from Mood Disorder with Psychosis. It is also submitted that the applicant is serving as Police Inspector and his arrest would affect his entire career and ruin his family. 8 Moreover, the investigation papers were made available for the perusal purpose and the postmortem notes disclose the cause of death of victim deceased Sharda as, “Hanging. Viscera preserved for chemical analysis”. 9 Having the comprehensive view of the matter, ad-interim relief granted in favour of the applicant deserves to be confirmed. 10 In the result, present application is allowed and ad-interim relief granted in favour of the applicant on 3.8.2011 stands confirmed. However, the applicant is directed to give attendance before the concerned investigator, as and when required, till filing of 5 crap3350.11 charge sheet and to cooperate in the investigation, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3350.11