Bombay High Court
Subham S/O Sudhakar Umredkar And 3 ... vs The State Of Maharashtra Through Pso Pso ... on 1 August, 2024
2024:BHC-NAG:8493
(1) 19.aba.474.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO.474 OF 2024
Subham s/o Sudhakar Umredkar and others
Vs.
State of Maharashtra, Through Police Station Officer, Hudkeshwar, Nagpur
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. R. M. Daga, Advocate for applicants.
Mr. A. G. Mate, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 01/08/2024
1. Apprehending the arrest at the hands of
police, in connection with Crime No.397/2024
registered at Police Station Hudkeshwar, District
Nagpur for the offences punishable under Sections
328, 498-A read with Section 34 of the Indian Penal
Code, 1860, the applicants approached this Court for
grant of pre-arrest bail.
2. The crime is registered on the basis of
report lodged by the wife of applicant No.1 namely
Priya alleging that her marriage was performed on
13/03/2023 with the applicant No.1 and after
marriage, she resumed the cohabitation, but she was
not treated well by applicant No.1 as well as his
parents. It is further alleged that on 24/05/2024, the
applicants have administered her phenyl forcefully,
and thereafter, she was taken to the hospital by her
husband. On the basis of said report, the police have
registered the crime against the present applicants.
(2) 19.aba.474.2024
3. Heard learned Counsel for the applicants,
Mr. R. M. Daga who submitted that, out of the
matrimonial dispute, this FIR is lodged. He also filed
on record one Compromise Pursis filed before the
Family Court, which shows that on 18/04/2024 both
the complainant and applicant No.1 have decided to
live together, by leaving behind all the complaints.
The said compromise was recorded before the Court
and thereafter, this FIR is lodged. As far as the
allegations are concerned, which are to the extent
that the applicants have ill-treated her on demand of
amount and as the amount was not brought from her
parent's house, she was ill-treated. As far as the
allegations are concerned, there is no reference how
much amount was demanded by the present
applicants and when it was demanded. He submitted
that as far as the custodial interrogation is
concerned, which is not required as nothing is to be
required from the present applicants. He also
referred the decision of the Arnesh Kumar Vs.
State of Bihar and another reported in (2014) 8
SCC 273 and submitted that in view of the said
decision also the applicant deserves the protection.
4. Learned APP strongly opposed the said
application and submitted that the present applicant
No.1 who is the husband of the informant and the
other applicants are the in-laws of the informant who
has ill-treated her for the illegal demand, in view of
that their custodial interrogation is required.
(3) 19.aba.474.2024
5. After hearing both the sides and after
perusal of the investigation papers it reveals that
initially there was a compromise and the compromise
Pursis was filed before the Family Court, wherein it
reveals that in spite of this compromise they could
not live together and therefore, this FIR appears to
be filed. As far as the immediate custodial
interrogation is concerned, it is not required. The
guidelines are issued in the judgment of Arnesh
Kumar (supra) referred by the learned Counsel for
the applicant, considering the same, the custodial
interrogation of the present applicants is not
required, no grounds are made out for their custodial
interrogation. In view of that, the interim protection
granted to the present applicants deserves to be
confirmed. Accordingly, I proceed to pass following
order.
ORDER
(i) The interim protection granted to the
present applicants vide order dated 03.07.2024
is hereby confirmed with the similar condition
that the applicant No.1 shall attend the
concerned Police Station once in a week on
Sunday between 10.00 a.m. to 1.00 p.m., till
filing of the charge-sheet.
(ii) The other conditions imposed shall
remain as it is.
6. The application is disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 05/08/2024 18:38:29
