UJWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Perused the investigation papers which were made available for inspection purpose, as well as, heard learned respective Counsel for the parties, finally.

(2.) This is an application preferred by the original complainant, namely, Ujwala w/o. Madhukamal Hiwale, for cancellation of bail granted to respondent no.2, namely, Hirabai w/o. Ramesh Ghodke, which was granted to her by the learned Additional Sessions Judge-6, Ahmednagar, by order dated 27th June 2011, passed below Exhibit 1 in Criminal Miscellaneous Application No. 808/2011.

(3.) It was canvassed by learned Adv. Mr. A.K. Gawali, for the applicant (original complainant), that the incident of death of victim Smita took place on 16th June 2011, and thereafter, respondent no.2 was arrested under Crime No. 214/2011, registered at Kotwali Police Station, Ahmednagar, and she was enlarged on bail after 11 days i.e. on 27th June 2011 by the learned Additional Sessions Judge-6, Ahmednagar, which is canvassed to be objectionable. Learned Counsel for the applicant has also submitted that while granting bail to respondent no.2 by the learned Additional Sessions Judge-6, Ahmednagar, by order dated 26th June 2011, no condition was imposed upon her although the investigation was in progress. It is further submitted by the learned Counsel for the applicant, that victim Smita had left a letter before her death, which reflects that she was subjected to physical, mental and financial cruelty by the respondent no.2 and husband of the victim, and the said letter speaks for itself. Moreover, it is further submitted that the death of the victim Smita is suspicious and it is not clear whether she met with suicidal death or homicidal death, and apparently, she was found hanging in a dilapidated house, and that suspicion is created about the cause of her death, and hence submitted that under this scenario, bail granted to respondent no.2 deserves to be cancelled.