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. 4165 OF 2011 SAKHUBAI SHANKAR JADHAV AND ANR VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Priyanka Sawaji h/f Mr. Thombre S.S APP for Respondent(s): Mr. D.R.Korde. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 10, 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. After hearing the learned respective counsel for the parties extensively, Priyanka Savaji h/f Mr. S.S.Thombare learned counsel for the applicants, on instructions, seeks leave to withdraw present application to the extent of applicant No.1 namely Sakhubai Shankar Jadhav. 3. In view of said submission, leave granted and present application stands dismissed as withdrawn and disposed of finally, to the extent of said applicant No.1 namely Sakhubai Shankar Jadhav. 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 4. As regards applicant No.2 namely Malanbai Yeshwant Jadhav, she has preferred present application seeking anticipatory bail, apprehending her arrest under Crime No. 107/2011, registered at Georai Police Station, District Beed for the offences punishable under sections 498-A, 304-B r/w 34 of Indian Penal Code. 5. It appears that offence has been registered on the basis of the complaint lodged by the complainant Bhagwat Shinde i.e. father of the victim Surekha on 25.4.2011. On perusal of the contents of the said First Information Report, it appears that the applicant No.2 namely Malanbai Yeshwant Jadhav is sister-in-law of the victim Surekha and although, her name has been reflected in the contents of the First Information Report, no overt act/specific role has been attributed to her therein. Moreover, it also appears that although incident of committal of suicide by victim Surekha occurred on 19.4.2011, but First Information Report came to be lodged after delay of six days i.e. on 25.4.2011. Apparently said delay has not been explained in the contents of the said First Information Report. 6. In the circumstances considering the accusations made against the applicant No.2 and nature and gravity thereof, apparently, it appears that there is no necessity of custodial 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 interrogation of the applicant No.2 and hence, interim anticipatory bail granted to her by order dated 26.9.2011 deserves to be made absolute, but on certain conditions :- 7. In the result, present application is allowed partly to the extent of applicant No.2]- Malanbai w/o Yeshwant Jadhav and it is directed that in the event of arrest of said applicant No.2 under crime No.107/2011, registered at Georai Police station, District Beed, she be released on bail, on her furnishing P.R. Bond in the sum of Rs.15,000/-, with one surety in the like amount, on the following conditions. i) The applicant no.2 shall give attendance before the concerned Investigator once in a week i.e. on every MONDAY between 03.00 p.m. to 05.00 p.m. till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant no. 2 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 8. However, present application stands dismissed as withdrawn in respect of applicant No.1, as mentioned herein above. Present application stands disposed of finally. 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 9. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***