LAWS(BOM)-2020-5-75

SHRI DILIP Vs. STATE OF MAHARASHTRA

Decided On May 26, 2020
SHRI DILIP Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The applicant is seeking anticipatory bail in connection with crime no. 16 of 2020 registered with Murud Police Station, Taluka and District Latur for the offences punishable under Sections 498- A, 306 r/w 34 of IPC . His application with similar prayer bearing Criminal Misc. Application No. 87 of 2020 came to be rejected by the Additional Sessions Judge-2 & Special Judge, Latur by order dated 28.02.2020.

(2.) Learned counsel for the applicant submits that there was second marriage of the applicant with the deceased and it was performed some ten years back. Learned counsel submits that there are no allegations at all about ill-treatment being extended to the deceased, so also the reasons for such ill-treatment, if any. Learned counsel submits that, as it appears from the FIR, deseased Anjana @ Bhagyashree was not taken to the temple of God Tirupati Balaji by the applicant and in consequence thereof, on 23.01.2020, the deceased had committed suicide in her matrimonial home by hanging herself. Learned counsel submits that there is delay of eight days in lodging the complaint and no explanation has been tendered for the same. In the given set of allegations, custodial interrogation of the applicant is not required. He may be released on anticipatory bail.

(3.) The learned APP has strongly resisted the application on the ground that name of the applicant is mentioned in the FIR and it has been specifically alleged that he is addicted to liquor and was ill-treating the deceased on various counts. Learned APP submits that the deceased had committed suicide in her matrimonial home itself. This application may be rejected.