Ganesh Vitthal Rasal And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.983 OF 2016 Ganesh Vitthal Rasal and ors .... Applicants V/s.

The State of Maharashtra .... Respondent Mr. Ranjeet M. Pawar, for the Applicants.

Ms. R.M. Gadhvi, APP for the Respondent State. CORAM : A. M. BADAR, J.

DATE : 2nd AUGUST, 2016.

P.C. :

1.

Applicants/accused, in crime No.209 of 2015, registered with Vadgaon Nimbalkar Police Station, Tal. Baramati, District: Pune, for the offences punishable under Sections 498(A), 306, 323, 504, 506, 34 of the Indian Penal Code, at the instance of Balu Baban Chavan, by this application are praying for releasing them on bail, after filing of the chargesheet against them.

2.

Heard the learned counsel for applicants/accused. He pointed out that statements in respect of cruel treatment to deceased Sonali, are too remote to infer abetment by accused persons. 3.

The learned APP opposed the application by submitting that the crime in question is serious in which Sonali indulged in commission of 1/3

suicide and in that process she jumped in the well alongwith her son namely Sujay causing death of herself and son Sujay. 4.

This application for bail is filed after filing of chargesheet. The offences alleged against present applicants are under Section 498A, 306, 323, 504 of the Indian Penal Code. The avernments in the chargesheet are to the effect that after six months of marriage of Sonali with Ganesh, accused persons were subjecting her to cruelty by asking her to bring an amount of Rs.50,000/- from her matrimonial uncle. Sonali married applicant Ganesh on 20.6.2011. Thereafter according to prosecution case after six months, Sonali told informant Balu that accused persons demanding Rs.50,000/- from her as well as her relatives for purchasing motorcycle and for purchasing shop. Ultimately, Sonali, indulged in self effacement on 31.10.2015. Her dead body as of the dead body of her son Sujay were found floating in the well on 4.11.2015. 5.

Considering the nature of evidence and as the Investigation is already over and the trial will take its own time, pre-trial detention of applicants is not warranted and therefore, the following order. Order I) The application is allowed.

II) Applicants arrested in connection with above offence, be released on bail on their executing P.R. Bonds in the sum of 2/3

Rs.15,000/-by each of them and on their furnishing sureties in the like amount, by each of them.

III) Applicants shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts either to the Court or to any police officer. IV) Applicants shall attend the trial scrupulously and shall co-operate the trial Court in expeditious disposal of the case. V) Applicants shall not tamper with the prosecution evidence in any manner.

[A. M. BADAR, J.] 3/3