FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 4429 OF 2011 ANANT PANDURANG ACHARYA (JOSHI) VERSUS THE STATE OF MAHARASHTRA THR PS JALKOT ... Advocate for Petitioner(s) : Mr. Patil Indrale Anand V. APP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 20, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This an application preferred by the applicant seeking regular bail in connection with Crime No.51/2011, registered with Jalkot Police Station, District Latur for the offences punishable under sections 498-A, 306, 304 (B) r/w Section 34 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Kamakshi Narsingh Dvaipayan on 24.6.2011. It is alleged that marriage of deceased Mohini @ Amruta took place with the applicant on 6.6.2010. Initially, three months she was treated well, but there after the applicant and her in-laws ill- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders treated her on the count that, she was not knowing cooking and domestic work and subjected her to physical and mental cruelty. It is also alleged that, her in-laws used to tell her that she was not approved by them. It is also stated in the First Information Report that victim used to disclose about the said ill-treatment to her parental relatives whenever she used to visit her parental house. It is further stated that unlawful demand of Rs.50,000/- , gold locket and finger ring was demanded to her to be brought by her from her parental house by the applicant and her father in law, mother in law, brother in law and sister in law ill-treated her physically and mentally due to non fulfillment of the said demand. It is further alleged that even when she was pregnant for about seven months, she was harrassed by the inlaws and she was given work of heavy lifting of the articles. It is further alleged the victim Mohini @ Amruta was fed up with the said ill-treatment and therefore, ultimately committed suicide on 22.6.2011 at about 7.30 p.m. by pouring rockel on her person and set herself ablazed and succumbed to the said burn injuries at about 5.00 a.m. on 23.6.2011. 4. It appears from the contents of the First Information Report that, apparently there are general and omnibus allegations against the applicant in respect of ill-treatment and unlawful demand of money and gold articles as aforesaid FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders and no specific overt act/ role has been attributed to the applicant herein nor any specific incident of ill-treatment have been specified therein, connecting the applicant with the alleged crime. Moreover, it is also submitted that other co- accused persons have been enlarged on bail, by the learned Sessions Court and applicant who is husband of the victim is only in custody presently. It is further submitted that, investigation has been completed and charge sheet has been filed. Moreover, the contents of the First information Report did not disclose that victim was subjected to cruelty or harassment by the applicant soon before her death as contemplated under section 304-B of Indian Penal Code. 5. Hence, having comprehensive view of the matter and since, there are general and omnibus allegations against the applicant in respect of ill-treatment and unlawful demand of money and gold articles by the applicant along with other co- accused persons, and since other co-accused persons have been enlarged on bail, principle of parity requires that applicant also be enlarged on bail. Moreover, investigation has been completed and charge sheet has been filed and therefore, there is no propriety in keeping the applicant in custody further more. 6. In the result, present application is allowed and it is FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders directed that applicant Anant s/o Pandurang Acharya (Joshi) be released on bail, connection with Crime No.51/2011, registered with Jalkot Police Station, District Latur on his furnishing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount, on the following conditions :- i) After release on bail, the applicant shall give attendance before the incharge of concerned Police Station, once in a quarter till the disposal of the case. ii] The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 7. Present application stands disposed of finally. 8. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. 9. Hamdast permitted. ( SHRIHARI P. DAVARE, J. ) aaa/- ***