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Bombay High CourtBA/306/2022allowed

Ajit Rajaram Karde v. The State Of Maharashtra

2022-09-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

38_BA306_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.306 OF 2022 Ajit Rajaram Karde ...

Applicant Vs.

State of Maharashtra ...

Respondent Mr. Taraq Sayed i/b. Mr. Vrushabh Savla for Applicant. Ms. P. N. Dabholkar, APP for Respondent-State. Mr. Nitin Bhor, Head Constable, Yavat Police Station, Pune. CORAM : NITIN W. SAMBRE, J.

DATE :

SEPTEMBER 16, 2022 P.C. :

Heard.

2.

The applicant was married to Dhanashree on 10.05.2018 and the couple was blessed with the daughter. The fateful incident occurred on 19.09.2021 when Dhanashree, while bathing her daughter, suffered an electric shock resulting into her death. As a sequel of above, the offence came to be registered viz., Crime No.839 of 2021 with Yavat Police Station, Pune for offences punishable under Sections 498-A, 306, 304B, 323, 504, 506 r/w. Section 34 of the Indian Penal Code. After the investigation was over, the charge-sheet in the matter is already submitted.

3.

The applicant is behind bars for almost one year. A perusal of the investigation papers depicts that the final cause of death is shown to be electrocution. The post-mortem report does not speak of any antemortem injuries on the body of the deceased. 4.

In the aforesaid background, in my opinion, no purpose will be served by ordering further detention of the applicant, particularly when the investigation in the matter is already over and the cause of death does not connect the applicant to the crime in question as no evidence 1/2

38_BA306_22.doc could be noticed to that effect.

5.

That being so, the application stands allowed. The applicant is directed to be released on bail in Crime No.839 of 2021 with Yavat Police Station, Pune for offences punishable under Sections 498-A, 306, 304-B, 323, 504, 506 r/w. Section 34 of the IPC on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. Applicant shall neither directly or indirectly try to influence the prosecution witnesses nor tamper with the evidence. (NITIN W. SAMBRE, J.) Minal Parab 2/2