Advocates:
['H M MOHTA', '', 'KARTIK RAO', 'APP', '', 'R M TAHALIYANI', 'RAGINI SWAMI', 'SAHDEEP KADU', 'NUPUR BHIDE', 'S S BHARDWAZ ASSIST PROSECUTOR']

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25-aba-446-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO. 446 /2022

Satish Wasudeo Surpatne Versus State of Maharashtra, thr. PSO, PS City Kotwali,

District Akola.

Office Notes, Office Memoranda of

Court's or Judge's Order

Coram, appearances, Court's Orders

or directions and Registrar's order

Shri H.M. Mohta, Advocate for the applicant.

Shri A.M.Deshpande, APP for the Non-applicant/State.

Shri R.M. Tahaliyani, Advocate for Assit to Prosecution.

CORAM : ANIL S. KILOR, J.

DATED : 18/07/2022

1.

The applicant is seeking pre-arrest bail in Crime No.

153/2022, registered with Police Station Kotwali, District

Akola, for the offences punishable under Sections 498-A,

306 read with Section 34 of the Indian Penal Code, 1860.

2.

Shri Mohta, learned advocate for the applicant points

out from the Whatsapp chats between the husband/

applicant and the deceased dated 27/04/2022 i.e. a week

before she committed suicide, that she expressed her

intention to commit suicide, as she was fade up with the

ailment, she was suffering from.

3.

He submits that, in the said Whatsapp chats there is

nothing to show that she was ill-treated by the applicant or

his family members.

4.

Learned advocate for the applicant further submits

that after ad-interim anticipatory bail was granted to the

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applicant, he attended the Police Station and cooperated the

Investigating Officer in investigation. Accordingly, he

submits that custodial interrogation is not required and

hence, he prays for grant of pre-arrest bail.

5.

On the other hand learned APP strongly opposed the

present application and he has pointed out the Whatsapp

chats collected by the investigating officer during the

investigation, between the deceased with her friend,

complaining about ill treatment meted out to her by the

applicant and his family. He, therefore, submits that the said

Whatsapp chats are sufficient to show that the ill-treatment

was meted out to her by the accused persons because of

which she committed suicide.

6.

He further points out that earlier also there was a

complaint made to the Women Cell. Accordingly, he prays

for rejection of the present application.

7.

Shri R.M. Tahaliyani, learned advocate who is

assisting the prosecution on behalf of the complainant points

out the Whatsapp chats between the deceased and her sister,

wherein she has disclosed ill-treatment meted out to her by

her husband and his family members. Accordingly, he

submits that the present application may be rejected.

8.

I have perused the case-diary and the FIR.

9.

On perusal of the Whatsapp chats filed along with the

application, the reply of the State and the complainant it can

be seen that there is no consistency about the ill treatment.

In the Whatsapp chats between the deceased with her friend

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and sister, there is mentioned about ill treatment, whereas, in

a Whatsapp chats of deceased with the applicant who is the

husband of the deceased, she had stated that she wanted to

commit suicide because of her health. Thus, it creates doubt

about the veracity of the allegations made in the FIR.

10.

Prima-facie, it appears that the deceased was

undergoing some medical treatment and the possibility of

commission of suicide out of depression cannot be ruled out

from the Whatsapp chats between the deceased and the

applicant.

11.

In the circumstances, considering the nature of

allegations and the material collected by the Investigation

Officer and the documents filed along with present

application, I am of the opinion that if the applicant is

directed to attend the Police Station, the purpose would be

served. Accordingly, I pass the following order:

i)

The criminal application is allowed.

ii)

The order dated 27/06/2022 is confirmed.

iii)

The applicant shall attend the police station on

25, 26, 27, and 28^th Ju