1 Cri.B.Appl.No.185 of 2022 (Or.Exh.1) Order Below Exh.1 in Cri.Bail Appln.No.185/2022
CNR No.MHNS010005182022
Balasaheb Sukhdev Bhangare and others Vs. State.
Heard: Ld. Adv. Mr. A. A. Khairnar for the applicants/ accused.
Ld. A.P.P. Smt. S. S. Sangle for the State.
1.This is an application under section 438 of the Code of Criminal Procedure in Crime No.18/2022 registered at Police Station, Wavi for the offence under sections 498A, 323, 504 & 506 r/w Sec. 34 of the Indian Penal Code. It is the case of prosecution in brief that the applicants/accused (husband and inlaws of the complainant) inflicted physical and mental cruelty on her.
2.Ld. Adv. for the applicants has submitted that there is no necessity of custodial interrogation of the applicants. No recovery needs to be made from them. They have complied with the terms and conditions imposed by the Court while granting interim relief.
3.Per contra, Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicants is necessary.
4.Applicants have complied with the terms and conditions imposed by the Court while granting interim relief and have cooperated with the investigating agency. Offence is primarily under section 498A of the I.P.C. Therefore, in view of the guidelines laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, I am inclined to allow the application subject to the following terms and conditions.
ORDER
1) Application is allowed.
2) Interim order dated 09/02/2022 passed below Exh.4 is hereby confirmed on the same terms and conditions.
Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.03.02 15:33:39 +0530 Nashik Mridula Bhatia 02/03/2022 District Judge2 and Additional Sessions Judge, Nashik.