Ashish Ashok Parab v. The State Of Maharashtra

rpa 1/3 13 ba 1035 2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1035 OF 2020 Ashish Ashok Parab .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.Samir U. Pradhan, Advocate for the Applicant. Mr.S.S. Pednekar, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

FEBRUARY 18, 2021.

P.C. :

Learned counsel for the applicant shall fle his appearance within one week from today.

This is an application for bail in connection with C.R.No.917 of 2020, registered with Sakinaka Police Station, Mumbai, for the ofences punishable under Sections 306, 342 and 509 of Indian Penal Code ("IPC", for short). First Information Report ("FIR", for short) was registered on 28th July, 2020. Digitally signed by RajeP. Aher Date:

2021.02.20 17:46:01 +0530 The applicant was arrested on 29th July, 2020. On RajeP.

Aher completing investigation, charge - sheet is fled. FIR was registered at the instance of father of the

rpa 2/3 13 ba 1035 2020.doc victim. On 25th July, 2020, he received the call from the victim who informed that is she fed up with her life and her husband is assaulting her. Subsequently, it was found that she consumed pesticide and committed suicide. According to the prosecution, the victim has sustained injuries which are refected in the postmortem report in the nature of contusion over nose, lip and hand.

Learned counsel for the applicant submitted that the marriage between the applicant and the victim was solemnized on November 2017. Victim had sent a message to her brother stating that she is fed up with her life. The allegation that the applicant and others were harassing her was afterthought. All other accused were granted anticipatory bail. He pointed out the letter dated 13th February, 2021, issued by the Medical Oficer to the Senior Inspect of Police. The said letter was written to the police oficer indicating that the injuries could be possible as a result of fall or on account of pressure.

Learned APP submitted that the version of the complainant that the victim had informed him that she was harassed and assaulted by the applicant. The victim had sustained injuries which are refected in the postmortem report.

rpa 3/3 13 ba 1035 2020.doc In the light of the submissions of both the sides and considering the fact that the applicant is in custody from the date of arrest and investigation is completed and charge-sheet is fled, further detention of the applicant is not warranted and case for grant of bail is made out.

Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.1035 of 2020, is allowed; (ii) The applicant is directed to be released on bail in connection with C.R.No.917 of 2020, registered with Sakinaka Police Station, Mumbai, on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount; (iii) Applicants shall report the concerned police station once in threes on frst Saturday of the moth, till further orders;

(iv) Bail Application No.1035 of 2020, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)