Supreme Court - Daily Orders
Vandana Suresh Salunkhe vs The State Of Maharashtra on 18 January, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. OF 2023
(arising out of SLP (Crl.) Nos. 6845 of 2022)
VANDANA SURESH SALUNKHE & ANR. ..... APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA & ANR. ..... RESPONDENT(S)
O R D E R
Leave granted.
The learned counsel for the State accepts that the appellants, namely, Vandana Suresh Salunkhe and Suresh Natthu Salunkhe, who are the uncle and aunt to the victim, belong to the marginalised section of society. They work as labour on the agricultural land of others to earn livelihood. They are not well off and are socially and economically backward. We have also examined the assertions made in the First Information Report (FIR) No. 92 of 2021 dated 12.10.2021 registered at Police Station Nijampur, Dist. Dhule, Maharashtra, as per which the appellants - Vandana Suresh Salunkhe and Suresh Natthu Salunkhe were not involved in and were not aware of the crime committed by one of Mansajan. The appellants – Vandana Suresh Salunkhe and Suresh Natthu Salunkhe, it is stated, were equally aggrieved by the said crime. The appellants - Vandana Suresh Salunkhe and Suresh Natthu Salunkhe had taken care of the victim, who was residing with them Signature Not Verified Digitally signed by BABITA PANDEY since the age of three years. There is no allegation that the Date: 2023.01.19 16:53:03 IST Reason: appellants - Vandana Suresh Salunkhe and Suresh Natthu Salunkhe had mistreated or abused the victim. The primary allegation against 2 the appellants - Vandana Suresh Salunkhe and Suresh Natthu Salunkhe is that they had participated or prompted the marriage. However, it is also accepted that the informant - mother had participated in the marriage.
Looking at the background of the appellants, the assertions made in the FIR and the statement made by the learned counsel for the respondent – the State of Maharashtra as to the social and economic status of the appellants, we are inclined to set aside the impugned order and accept the present appeal.
Accordingly, we direct that in the event of the appellants – Vandana Suresh Salunkhe and Suresh Natthu Salunkhe being arrested in FIR No. 92 of 2021 dated 12.10.2021 registered at Police Station Nijampur, Dist. Dhule, Maharashtra, they shall be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court.
We clarify that the observations made by us in this order would not be treated as findings on the merit of the case.
Recording the aforesaid, the appeal is allowed in the above terms.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI;
JANUARY 18, 2023.
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ITEM NO.13 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6845/2022
(Arising out of impugned final judgment and order dated 04-05-2022 in ABA No. 1418/2021 passed by the High Court of Judicature at Bombay at Aurangabad) VANDANA SURESH SALUNKHE & ANR. Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ANR. Respondent(s) (IA No. 102462/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 102463/2022 - EXEMPTION FROM FILING O.T.) Date : 18-01-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR Mr. Mahesh P. Shinde, Adv.
Ms. Rucha A. Pande, Adv.
Mr. M. Veera Ragavan, Adv.
For Respondent(s) Mr. Nachiketa Joshi, Adv.
Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv.
Ms. Kirti Dadheech, Adv.
UPON hearing the counsel, the Court made the following O R D E R Leave granted.
We direct that in the event of the appellants – Vandana Suresh Salunkhe and Suresh Natthu Salunkhe being arrested in FIR No. 92 of 2021 dated 12.10.2021 registered at Police Station 4 Nijampur, Dist. Dhule, Maharashtra, they shall be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court.
The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) COURT MASTER (NSH)
(Singed order is placed on the file)