TALIB ROHIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants apprehending arrest in connection with C.R. No.82 of 2023 registered with Daund Polilce Station, Pune Gramin for the offence punishable under Sec. 306, 511, 323, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860 have filed present anticipatory bail applications seeking relief of pre-arrest bail under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to prosecution, on 4/2/2023 at about 17.51 hours widow of the deceased lodged a report alleging that on 19/1/2023 at about 11.30 hours when she was away from home to attend marriage ceremony of her relatives, she received a telephone call from husband's relatives stating that the deceased Arjun consumed poisonous liquid and has been admitted to the Mahalaxmi Hospital, Daund. She immediately returned while the deceased was on ventilator in unconscious condition. According to her, he consumed poisonous liquid due to physical and mental harassment, threat and abuse by the applicants. According to her, the deceased had availed loan from the accused and despite repayment the applicants were continuously harassing him. The applicants had obtained signatures of the deceased on blank paper and were giving threats.

(3.) The applicants, therefore, filed application under Sec. 438 of the Criminal Procedure Code, 1973 before the learned Sessions Judge which is rejected by order dtd. 23/2/2023. Aggrieved thereby, the applicants have filed present anticipatory bail application.