Sagar Dnyaneshwar Jadhav v. The State Of Maharashtra
1 27- BA No.1315-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1315 OF 2019 Sagar Dnyaneshwar Jadhav ] ... Applicant
Versus
The State of Maharashtra ] ... Respondent Mr. Rahul Dhaygude, Advocate for the Applicant. Mr. Prashant Jadhav, APP for the State/Respondent. PSI N.S. Kadam attached to Satara City Police Station present. CORAM :- SARANG V. KOTWAL, J.
DATE :- 12 JUNE, 2019.
P. C. :- 1.
The applicant is seeking bail in connection with C.R.No.1066/2018 registered with Satara City Police Station u/sec.307, 498 (A), 323, 504 r/w 34 of I.P.C. 2.
The FIR is lodged by one Anjana Jadhav on 01/12/2018. She has mentioned in her FIR that she got married to the applicant Sagar on 11/03/2017. However, she was never treated properly and her husband and mother-in-law used to continuously abuse, ill treat and harass her. In the month of November 2018 Anjana was left at her parents' house and Sagar asked her to bring money to celebrate birthday of their son. On 22/11/2018 Anjana came back to her
2 27- BA No.1315-19.doc matrimonial house but she had not brought money and therefore, Sagar and mother-in-law again started harassing her. On 23/11/2018 she was assaulted. Even her son was kept away from her. The harassment continued till 25/11/2018. Finally, at midnight the first informant was driven out of house. She went to her neighbour Akku Tai and from her house made a phone call to her parents. After some time, the applicant Sagar brought her back to their house. On 26/11/2018 in the morning the mother-in-law instigated first informant's husband Sagar to assault her. He assaulted her and held her hands. The mother-in-law forcibly poured lizol which was a poisonous substance in her mouth. Both of them went away by locking the door from outside. After some time, the first informant's relatives came and rescued her. She was removed to Civil Hospital, Satara and thereafter she was taken to Sangli. After she recovered, she lodged this FIR.
3.
The present applicant is arrested on 01/12/2018. Since then he is in custody. The charge-sheet contains statements of neighbours, it supports the case of first informant. The serious role is attributed to the mother-in-law. The statement of Akku Tai reveals that first
3 27- BA No.1315-19.doc informant had told her that since there were continuous quarrels in their house for number of days, on her husband's request she had gone to Akku Tai which prima facie shows that the accused had no intention to have quarrel with the first informant. Even then the date on which the poison was administered to the first informant, the entire incident started because of the instigation of the mother-in-law. Though there are allegations that the present applicant helped in administering poison to the first informant, the offence has not escalated to a higher degree. The first informant has survived. The investigation is over and the charge-sheet is already filed. The applicant does not have criminal antecedents. In this background, his further custody till conclusion of the trial is not necessary. Hence, the following order.
ORDER
1.
The Applicant is directed to be released on bail in connection with C.R.No.1066/2018 registered with Satara City Police Station on his executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount. 2.
Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)