1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2475 OF 2009 Sou. Nilabai Bhagwat Gawali. ..Applicant. vs. The State of Maharashtra. ..Respondent. .... Mr.Mahesh Thorat, for the Applicant. Mr. H.J. Dedhia, APP, for the Respondent-State. .... CORAM : S.J.KATHAWALLA, J. (Vacation Judge) DATE : 4th JUNE, 2009. P.C. This application is filed by the Applicant seeking anticipatory bail in respect of C.R.No.139/2009 registered with Sangola Police Station, Sangola, Solapur, for the offences punishable under sections 498A, 504, 506 r/w 34 of the Indian Penal Code. 2. The Applicant is the mother-in-law of the deceased Mrs.Deepali Narayan Gawali, who committed suicide on 1st May 2009 by consuming poison. The husband of the deceased, the brother-in- law and the wife of the brother-in-law of the deceased are already taken into custody and investigation has commenced. The father-in- law of the deceased i.e. the husband of the Applicant herein is already granted bail by the Sessions Judge at Pandharpur. However, the 2 Sessions Judge has rejected the anticipatory bail application of the Applicant mother-in-law on the ground that the mother-in-law has the greater responsibility to take care of her daughter-in-law and it is the mother-in-law in the house who is responsible for managing the affairs of the family and for the treatment of her daughter-in-law. 3. It is the case of the Applicant that she was not residing with her son and daughter-in-law when her daughter-in-law committed suicide. It is her case that she is 63 years old and is suffering from heart ailment since 2003. She was unable to produce any proof before the learned Sessions Judge showing that she was not residing with the deceased and her husband at the time when the deceased committed suicide because during a year, she stayed with the deceased and her husband (i.e. the son of the Applicant) for a few months and for the remaining months, she stayed with her other son and daughter-in-law. 4. It is submitted that the learned Sessions Judge did not accept her ground of sickness because her medical papers pertained to the year 2003. It is submitted that her medication pertaining to her heart problems continues till today. 5. Considering that the Applicant is a lady of advanced age who is suffering from heart problems and also considering the nature 3 of offences alleged, I am of the view that this is a fit case for grant of anticipatory bail to the Applicant. The Investigating Officer Mr. V.D. Pisal is present in Court and he has informed the Court through A.P.P. that the custodial interrogation of the Applicant is not required if the Applicant reports to the police station and co-operates in carrying out with the investigation. 6. In view thereof, the following order is passed :- (i) In the event of the arrest of the Applicant in connection with C.R.No.139/2009 registered with Sangola Police Station, Sangola, Solapur, the Applicant shall be enlarged on bail subject to furnishing of personal bond of Rs.15,000/- with one or two sureties in the like amount. (ii) The bail is granted subject to the condition that the Applicant should remain present before the Investigating Officer on Mondays and Fridays commencing from 5th June 2009 between 11.00 a.m. to 1.00 p.m. till filing of charge sheet and to co-operate for the purpose of investigation. (3) The bail is granted subject to condition that the Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of accusation 4 against her so as to dissuade them from disclosing such facts to the Court or to the police officer/investigating agency. The Applicant shall not tamper with the prosecution evidence. (4) The Applicant shall not leave the jurisdiction of this Court without the permission of this Court. (5) This order will enure to the benefit of the Applicant only till the charge sheet is filed. Thereafter, she will be free to apply to the appropriate Court for appropriate reliefs. 7. Application is disposed of in the above terms. 8. Parties to act upon the authenticated copy of this order. [ S. J. KATHAWALLA, J. ]