In the High Court of Bombay at Aurangabad
T.V. NALAWADE, J.
Madhav Premsing Rathod
Versus
The State of Maharahtra & Another
Criminal Application No. 2713 of 2013
Decided On : 05-08-2013
Where there was sufficient material on record to make out prima facie case against accused under Sections 306 and 354, IPC therefore order granting anticipatory bail unjustified and improper.
1. The application is filed under section 439 (2) of Criminal Procedure Code for cancellation of anticipatory bail granted by the Additional Sessions Judge, Jalna in Criminal Application No. 403/2013. In crime registered against the respondent No. 2 for offence punishable under sections 306, 354 (A) etc. of Indian Penal Code, relief of anticipatory bail is granted.
2. The crime is registered on the basis of report given by the father of the deceased. The respondent/accused is a married man and at the relevant time, he was aged about 25 years. He has no issue from the wife. Allegations are made that he was after the deceased girl and he wanted to marry with her. The deceased was aged about 17 years and even before the incident in question the deceased had disclosed to her father about such conduct of the accused. She had also informed that she had said 'no' to the offer given by the accused, but he was always after her and he was insisting her to marry with him.
3. The incident took place on 30.4.2013. At about 8.30 p.m. when the complainant was present near one shop, he learnt that near the house of one Pandit, the accused was prevented by some villagers, when he was attempting to take the deceased with him by using force. The complainant went there and he took his daughter to home. She narrated the incident to him. As she was aged about 17 years, marriageable daughter, complaint was not given on 30.4.2013.
4. On 1.5.2013 when the complainant was present in his field, at about 5.00 p.m. he learnt that the deceased had consumed poison. He made an attempt to save her life by shifting her to hospital, but she died on the same day. The report came to be given on 2.5.2013.
5. The papers of investigation include the statements of witnesses, who had prevented the accused from taking the deceased forcibly with him. The record shows that the deceased committed suicide by consuming poison. Thus, there are allegations against the respondent/accused that he misbehaved with the deceased on 30.4.2013 and due to fear of defamation, the deceased committed suicide on 1.5.2013.
6. The application for anticipatory bail was moved on 8.5.2013. The respondent/accused contended that he has been falsely implicated in the case. He prayed for interim relief by making contention that he wanted to attend the marriage of his sister on 13.5.2013. Complainant filed affidavit on 9.5.2013 in the proceeding and he reiterated the allegations made against the respondent/accused. The Sessions Court granted interim relief to the respondent/accused for enabling him to attend the marriage of his sister. That order came to be made on 10.6.2013 and the contents of the order from which we can say that some reasons are given, are as follows:-"5. Applicant has submitted that there is marriage ceremony of his real cousin sister on 13.5.2013. In support of his submission he has produced on record marriage invitation card and submitted that he be released on interim bail till filing of say by State. Therefore, considering the genuine reason put forth by the applicant, I am inclined to grant interim anticipatory bail to the applicant till 14.5.2013. Hence, the order"
7. The main application came to be decided by other Presiding Officer of the Sessions Court on 14.5.2013. The relevant portion which can be said to be so called reasons for giving anticipatory bail, is as under:-"5. Heard. Perused. Admittedly, ad interim anticipatory bail was granted to the applicant on the ground that there was marriage of his sister. However, the applicant used to attend the police station daily. Accordingly, since 11.5.2013 he is daily attending the police station. On going through the police papers I am satisfied that custodial interrogation of the applicant is not necessary. In this view of the matter, in my view, this is a fit case wherein anticipatory bail should be granted and ad interim anticipatory bail should be confirmed. Thus, the order."
8. The learned counsel for the app
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