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Order Below Exh.1 in Cri. Bail Appln.No.1066/2022 CNRNo.MHNS010046022022
Krushna Trambak Bhavsar and another Vs. State.
Heard: Ld. Adv. Mr. R. D. Avhad for the applicants.
Ld. A.P.P. Ms. S. S. Sangle for the State.
I. O. present.
1. This is an application under Sec. 438 of the Code of Criminal Procedure in Crime No.216/2022 registered at Police Station, Bhadrakali, Nashik for the offence under Sections 306 & 498
A r./w. Sec. 34 of the Indian Penal Code. It is the case of prosecution in brief that the accused (husband and inlaws of the deceased) inflicted physical and mental cruelty on her due to which she committed suicide. The applicants herein are the inlaws of the deceased.
2. Learned advocate for the applicants has submitted that the applicants are ready to attend the concerned police station and has filed an undertaking that the applicants shall attend the police station on 03/09/2022 (Saturday) and on 07/09/2022 (Wednesday) from 11.00 a.m. to 1.00 p.m. and thereafter as and when called by the I. O. They are ready to cooperate with the investigating agency. Nothing
needs to be recovered from them. Their custodial interrogation is not necessary in the facts of the case.
3.Per contra, Ld. A.P.P. has opposed the bail application on the ground that custodial interrogation of the applicants is necessary.
4.Applicants are not the prime accused. They are ready to attend the concerned police station and abide with the terms and conditions imposed by the Court. Another coaccused with similar role
has been released on bail. Nothing needs to be recovered from them. Their custodial interrogation therefore does not appear to be necessary. In view of the foregoing discussion, I am inclined to allow
the application in terms of the following order:
ORDER
1) Application is allowed.
2) Interim order dated 30/08/2022 passed below Exh. 4 is hereby confirmed on the same terms and conditions along with the condition that the applicants shall attend the concerned police station on 03/09/2022 and 07/09/2022 without fail between 11.00 a.m. to 1.00 p.m. and thereafter as and when called by the I.O.
(Dictated and pronounced in open Court)
Nashik 02/09/2022. M. V. Bhatia I/C. District Judge2 and Addl. Sessions Judge, Nashik.