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IN THE COURT OF THE HON’BLE SESSIONS COURT PUNE

AT PUNE

ANTICIPATORY BAIL APPLICATION NO. OF 2018

DIST.:-PUNE

Shashikala Sachin Dhavale, )

Aged 40 years, Indian Inhabitant, )

Residing at House No. 408/2175, )

Sant Tukaram Nagar, Pimpri, )

Pune. )…Applicant

Versus

State of Maharashtra )

Through Public Prosecutor, )

Sessions Court, Pune at the )

instance of Pimpri Police Station - )

C. R. No.- 378 of 2018. )...Respondent

TO,
THE HON’BLE THE PRINCIPAL JUDGE
AND OTHER HON’BEL PUSINE JUDGES
OF THE HON’BLE SESSIONS COURT,
PUNE

HUMBLE APPLICATION OF THE

APPLICANT ABOVENAMED FOR
ANTICIPATARY BAIL
MOST RESPECTFULLY SHEWETH:

1. Due to the incident of the death of Sachin Suresh

Dhavale (deceased), his brother lodged complaint with
Pimpri Police Station, which resulted registration of FIR,
being C.R. No. 378 of 2018 for the alleged offences
punishable under sections 306 r/w. 34 of IPC against the
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accused including the applicant herein and therefore, the
applicant is apprehending her imminent arrest therein and
thus, by filing the present application, seeks to invoke the
powers of this Hon’ble Court vested under section 438 of the
Code of Criminal Procedure.

2. The prosecution story in nutshell is as under:

(i) It is the case of the prosecution that the deceased

and the applicant are husband and wife and the
informant is the real brother of the deceased. It is
further alleged that the informant has been residing at
Nashik, who received a phone call by the applicant on
28.05.2018 at about 3:00 a.m. and she informed that
the deceased hanged himself and hence, to reach at
Pune as early as possible.

(ii) It is alleged that after getting such information,

the informant left Nashik for Pune alongwith his other
relatives and reached in the house of deceased at Pune
at about 9:30 p.m., however, upon being reached
there, they got information that deceased has taken to
YCM hospital at Pune. Accordingly, the informant went
to YCM hospital where the applicant informed him that
with the help of police brought the deceased in the
hospital.

(iii) It is further alleged that in the hospital the doctor

declared the deceased as ‘dead’ and while doing so, the
police seized the clothes of the deceased wherein they
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found a suicide note containing name of applicant and
Sujata Sunil Palande.

(iv) It is alleged that she further told that prior to five

months, the deceased manufactured ‘Tapri-stalls’ for
new hawkers zone and received an amount of Rs.
28,000/- to Rs. 30,000/- from the customers and
against the said payment has issued receipts to them
and they would take possession of these ‘Tapri-stalls’
after establishment of new hawkers Zone, however, on
account of some persons made a strike, New Hawkers’
Zone could not be established.

(v) It is alleged that on account of aforesaid strike,

issue of keeping these stalls arose and subsequently,
one corporator by name Yogesh Behal kept these stalls
in a fixed place and locked the gate. The deceased had
no concerned with these stalls from that place and kept
these stalls at Bhaji Mandai and also taken the stall of
the deceased without his permission.

(vi) It is further alleged that subsequently, the

deceased and the applicant went to ask reason, where
they met Sunil Planade, Amay Birje, Vikky Sharma and
Sujata Palande, who abused the deceased with filthiest
language and some unknown persons threatened the
deceased with dire consequences and thus, lodged
complaint against them, however, no step is taken
against them. Thereafter, the deceased committed
suicide and on the complaint of the informant,
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registered instant FIR. In order to avoid repetition and
duplication of the assertions made in the FIR, a copy
whereof is hereto annexed and marked as Exhibit “A”.

3. The applicant states that after registration of FIR, co-

accused by name Sujata Sunil Palande filed anticipatory bail
application being Misc. Application No. 2147 of 2018 before
this Hon’ble Court. In the said matter, the respondent police
station made an application dated 11.06.2018 before this
Hon’ble Court with a request to reject the said application. It
needs to be mentioned herein that in the said application, by
given reasons and grounds for rejection the said application,
made allegations only against the other accused, however,
not a single allegation made against the applicant herein.
Hereto annexed and marked as Exhibit “B” is the copy of
the said application dated 11.06.2018.

4. The applicant is an innocent woman, not committed any

offence as alleged by the prosecution, however, with
malafide intention and ulterior motive seems to be planted
the said suicide note, thereby showing allegations against
the applicant and thus, falsely implicated her in the alleged
offence, thus, she is apprehending her imminent arrest in
connection with instant FIR and therefore, she prefers the
present application for her pre-arrest bail on the following
amongst other grounds which are urged without prejudice to
one other:

(i) that the applicant has not committed any offence

much less offences as alleged in the instant FIR
however, based on the purported suicide note, the
prosecution by concocting false and bogus story
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implicated the applicant in the instant FIR, which
on the face of it, shows highly improbable and
inconceivable;

(ii) that in the entire FIR, there is no allegations

against applicant by virtue of which the deceased
motived to commit suicide, however, the
informant with oblique and ulterior motive
implicated the applicant in the instant FIR, for the
reasons best known to them;

(iii) False implication of the applicant in the instant FIR

can be clearly seen from the fact that had the
applicant having any grudge against her husband,
there should have such contention/allegations
against her in the complaint/FIR and thus,
whatever allegations leveled against the applicant
are without any merits and substance, on which
none of the prudent man would trust;

(iv) that false implication of the applicant in the instant

FIR, further clearly seen from the fact that had
any grudge against the her husband, the applicant
would not have accompanied her husband, to
make enquiry with regard to taking away his own
Tapri;

(v) that apart from the abusive language and threats

given by the co-accused to the deceased, the
deceased was disturbed due to strike of the
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persons for hawkers zone and non-establishment
of new hawkers zone and may be for such reason,
he would have taken such extreme step, as he
was much concerned with the manufacturing of
‘Tapri-Stalls’;

(vi) that there is no any material indicate any nexus

between the applicant and co-accused, however,
based on purported suicide note, according to the
prosecution, she seems to be a party to the
criminal conspiracy to the alleged crime, which is
based on conjectures, surmises and inferences;

(vii) that the allegations slapped in the instant FIR

against the applicant are vague, bald and general
in nature and made with malafide intention and
ulterior motive to trigger illegal pressure upon the
applicant, as no such offence is committed by her;

(viii) that even if, the entire case of the prosecution

taken into consideration for the sake of argument
then also on the face of it, does not disclose
prima-facie case against the applicant as apart
from so called suicide note, there is no any iota of
whisper with regard to any of the act and/or
conduct of the applicant;

(ix) that from the entire FIR, it can be abundantly clear

that whatever allegation leveled against the
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applicant are devoid of any merits and substance
and she has been implicated as accused only with
an intention to make the other family members
safe from the aforesaid acts of the deceased;

(x) False implication of the applicant in the instant

FIR can further be clearly seen from the fact that
apart from so called suicide note, prior to present
incident of the death of the deceased, there is no
any complaint lodged by the deceased and/or his
family members against applicant and therefore, it
cannot be remotely construed and/or inferred that
the applicant has provoked and/or aided or
abetted the deceased to commit suicide and that
being the case, she has implicated in the offence
only on assumption, presumption and suspicion;

(xi) that the applicant is a woman having two minor

children aged about seven (7) years and one and
half (1 ½) years, respectively as mentioned in the
complaint and thus, in the event, her custody is
taken, very difficult situation would arose, as the
deceased was residing separately alongwith his
immediate family viz. his wife and two children;

(xii) that by making false and frivolous allegations

against the applicant, the prosecution implicated
her as accused in the instant FIR and the
prosecution agency is being singled out and is
sought to be hounded up and therefore under
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these compelling circumstances, the applicant has
been constrained to approach this Hon’ble Court
by filing to present application and thus, she
deserves to be protected by this Hon’ble Court by
granting anticipatory bail in exercise of power
vested under section 438 of Code of Criminal
Procedure;

(xiii) that the applicant will not jump the bail nor she
will abuse the favour of bail shown to her and in
addition thereto, she undertakes that she will not
tamper with the evidence/witness even after
granted anticipatory bail;

(xiv) that the applicant has been residing alongwith her

minor children at the address mentioned in the
cause title of the present application and thus, she
has deep roots in the society and hence, there is
no possibility of her absconding and/or running
away from the course of justice;

(xv) that the applicant is ready and willing to co-

operate with the investigating agency and to abide
by all the reasonable terms and conditions which
this Hon’ble Court may impose while granting her
anticipatory bail;

(xvi) that the deceased was only earning member in the

family of the applicant, however after his death,
the applicant is only responsible to survive her
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family and meet both ends and both the children
are depend upon her and thus, by taking into
consideration the aforesaid situation and by
showing sympathy towards her, this Hon’ble Court
be pleased to allow the present application;

(xvii)that by keeping the applicant under custodial

apprehension is not going to suffice any good
purpose to the prosecution, per contra would just
add into the already prevailing hardships of the
applicant and would affix the stigma and embargo
of evil and anti-social element to her character;

5. It is settled law that the arrest and detention of the

applicant in pursuance of the FIR registered with the
concerned police station only on the basis of the false,
frivolous and vexatious complaint filed by the complainant
would be against the dictum of the Supreme Court. The
Hon’ble Apex Court in its catena of decisions has laid down
the law that mostly to avoid the arrest of the accused in
routine manner and hence, it is necessary, expedient, in the
interest of justice, good conscience and fair play that this
Hon’ble Court be pleased to grant anticipatory bail to the
applicant on such terms and condition as this Hon’ble Court
may deem fit and proper in exercise of power vested with
this Hon’ble Court under section 438 of Code of Criminal
Procedure.

6. It is most respectfully submitted on behalf of the

Applicant that the same view has been expressed by the
Hon’ble Apex Court in the matter of Lal Kamalendra
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Pratap Singh Vs. U.P. (2009) 4 SCC 437 and
thereafter, in the matter of Siddharam Satlingappa
Mhetre Vs. State of Maharashtra – (2011) 1 SCC 694 .

7. The applicant states and submits that she has not filed
any other petition and/or application, either in this Hon’ble
Court or in any other court(s) of India, touching the subject
matter of the present application, save and except what
have been stated hereinabove.

8. The Applicant craves leave of this Hon’ble Court to add,

alter, amend, delete and/or rescind any of the aforesaid
averments and/or submissions mentioned hereinabove, with
the leave of this Hon’ble Court.

Under these facts and circumstances, the Applicant therefore

most humbly prays:

(a) that in the event of arrest of applicant in

connection with FIR No. 378 of 2018 registered
with Pimpri Police Station, Pune, shall be directed
to be enlarged on bail forthwith on such
reasonable terms and conditions, as this Hon’ble
Court may deem fit and proper;

(b) pending the hearing and final disposal of this

application, in the event of arrest of applicant in
connection with FIR No. 378 of 2018 registered
with Pimpri Police Station, Pune, shall be directed
to be enlarged on bail forthwith on such
reasonable terms and conditions, as this Hon’ble
Court may deem fit and proper;
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(c) interim and ad-interim relief in term of prayer
clause(b) above be granted;

(d) any other further order and/or direction be given

as the nature and circumstances of the case may
require;

Pune;
This 15th day of June, 2018

Advocate for the Applicant

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VERIFICATION

I, Shashikala Sachin Dhavale, the applicant abovenamed, do

hereby solemnly declare and states that what is stated in
forgoing paras is true to my own knowledge and what is
stated in further paras is based on information and I believe
the same to be true.

Solemnly affirmed at Pune )

This 15th day of June, 2018 )
Deponent
Identified by me,

Before me

Advocate for the applicant

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IN THE COURT OF THE HON’BLE SESSIONS COURT PUNE
AT PUNE
MISC. APPLICATION NO. OF 2018
IN
ANTICIPATORY BAIL APPLICATION NO. OF 2018
DIST.:-PUNE

Shashikala Sachin Dhavale, )

Aged 40 years, Indian Inhabitant, )
Residing at House No. 408/2175, )
Sant Tukaram Nagar, Pimpri, )
Pune. )…Applicant
Versus
State of Maharashtra )
Through Public Prosecutor, )
Sessions Court, Pune at the )
instance of Pimpri Police Station - )
C. R. No.- 378 of 2018. )...Respondent
APPLICATION FOR INTERIM
ANTICIPATORY BAIL

MAY IT PLEASE YOUR HONOUR:-

1. On the basis of incident of death of the brother of the

informant registered FIR No. 378 of 2018 with Pimpri Police
Station, Pune for the alleged offences punishable under
sections 306 r/w. 34 of IPC wherein implicated the applicant
based on the purported suicide note allegedly found in the
clothes of the deceased and therefore, by apprehending her
imminent arrest therein, the applicant filed the aforesaid
application for anticipatory bail. In order to avoid the
repetition and duplication of the grounds mentioned therein,
seeks anticipatory bail, the aforesaid anticipatory bail
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application be treated as part and parcel of the present
application.

2. In view of the fact and circumstances, there is every

possibility of the final hearing and disposal of the aforesaid
anticipatory bail application will take some time as the notice
is required to be issued to police and thereafter, they may
file their report/reply in the matter and in the meantime, the
arrest of the applicant is imminent and therefore, it is
necessary, in the interest of justice, good conscience and fair
play that pending the hearing and final disposal of the
aforesaid anticipatory bail application, this Hon’ble Court
may be pleased to allow the present application thereby
granting interim protection to the applicant.

Under these circumstances it is therefore, most humbly

prayed that:-

(a) pending the hearing and final disposal of present

application, this Hon’ble Court may be pleased to
direct that in the event of arrest of the applicant in
connection with FIR No. 378 of 2018 registered
with Pimpri Police Station, Pune, shall be forthwith
released on bail on such terms and conditions as
this Hon’ble Court may deem fit and proper;

(b) interim and ad-interim relief in term of prayer

clause(a) above be granted;

(c) any other further order and/or direction be given

as the nature and circumstances of the case may
require;

Pune;
This 15th day of June, 2018

Advocate for the Applicant