Order Below Exh. 1 in Cri. B. Appln.No. 612/2022
(CNR No. MHNS 010023852022)
Monali Nitin Borase Vs. State.
Heard:
Ld. Adv. Mr. R. D. Avhad for the applicants.
Ld. A.P.P. Ms. S. S. Sangle for the state.

1.

This is an application under section 438 of the Code
of Criminal Procedure in Crime No.122/2022 registered at
Police Station, Satpur, Nashik for the offence under Sections
498­A, 306 & 304­B & 504 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
applicant herein is the married sister­in­law of the deceased.
2.

Ld. Adv. for the applicant has submitted that the
applicant is not the prime accused. Main allegations are against
the husband that he had banged the victim’s head against the
wall and used to ask her for money. The husband of the
deceased (prime accused) is also behind bars. He has annexed
photographs of the deceased as well as of her daughter to
indicate that the deceased was happy with her in­laws. He has
also annexed documents to show that the applicants were well­
to­do and that they did not require any money from the
deceased or her family.

Moreover, the applicant being
the
married sister­in­law of the deceased was residing separately
since the past several years and did not interfere in the marital
2
life of the deceased in any manner. Her custodial interrogation
is not necessary. Nothing is to be recovered form her. She is
ready to abide by the terms and conditions imposed by the
Court.
3.

Per contra, Ld. A.P.P. has opposed the application on
the ground that custodial interrogation of the applicant is
necessary.
4.

Applicant is ready to abide by the terms and
conditions imposed by the Court. Prime accused is behind bars.
No recovery needs to be made from her. Her 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 Exh. 1 is allowed.

2)
In the event of arrest of the applicant (Monali
Nitin Borase), she be released on bail by
executing P. B. & S. B. of ₹15,000/­ with one
local surety of like amount.

3)
Applicant shall co­operate in the investigation
and shall attend the concerned police station as
and when called by the I. O.
(Dictated and pronounced in open Court).
MRIDULA
BHATIA
Nashik
02/06/2022
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.06.02
13:22:55
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.