Dada Bhanudas Sonawane v. The State Of Maharashtra

9.APPA.632-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.632 OF 2015 IN CRIMINAL APPEAL NO.596 OF 2015 Shri Dada Bhanudas Sonawane ..Applicant

Versus

The State of Maharashtra ..Respondent ....

Mr.Prakash Naik, Senior Advocate i/b. Ganesh Bhujbal,for Applicant Mrs. P.P. Bhosale, APP, for the Respondent-State. ....

CORAM : A. R. JOSHI, J.

DATE : 30th JUNE, 2015 P.C.

1.

Heard learned Counsel for the applicant. Also heard learned APP for the State.

2.

This is an application for bail during pendency of appeal which is already admitted. The applicant is convicted for the offences punishable under Sections 306 and 498A of IPC. For the offence punishable under Section 306 of IPC he has been sentenced to suffer RI for seven years and for the offence punishable under Section 498A of IPC he has been sentenced to suffer RI for two years. Reportedly, fine amounts are paid on both the counts. During the trial, the applicant was on bail. 1 / 2

9.APPA.632-15.doc 3.

According to the case of prosecution, on the day of the incident which took place within two and half years of the marriage, the victim-wife of the applicant set herself on fire by pouring kerosene. It happened on the quarrel between her and her husband (the applicant). That time, the applicant was in intoxicated condition and had abused and assaulted her. Reportedly there were no earlier such instances of assault and lodging of complaint against the applicant. PW-1 mother of the victim woman answered in the cross-examination that her daughter was having some illicit relations with third person and for which she was reprimanded.

4.

Considering these circumstances and considering the scope of the appeal, in the opinion of this Court, the present applicant can be released on bail as during the trial he was already on bail. Application is allowed. The applicant be released on same bail as granted by the trial Court with fresh bonds to be executed before the trial Court. Application is disposed of accordingly.

( A. R. JOSHI, J.) Deshmane (PS) 2 / 2