Laxman Parmeshwar Mali @ Sawaltate v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1182 OF 2018 Laxman Parmeshwar Mali @ Sawaltate ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Ritesh M. Thobde for the applicant.

Mrs. J.S. Lohkare, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 28th AUGUST, 2018.

P.C.:

.

This is an application for bail filed by the aforesaid applicant who has been arrested in C.R.No.430/2017 registered at Akkalkot South Police Station, District Solapur for offences punishable under sections 304-B, 498-A r/w. 34 of the Indian Penal Code. 2.

Heard Mr. Ritesh M. Thobde, learned counsel for the applicant and Mrs. J.S. Lohkare, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

3.

The applicant herein was married to Ashwini on 28/04/2017. She committed suicide on 15/12/2017 which was within eight months 1/3

from the date of the marriage. The first information report lodged by the brother of the deceased Ashwini indicates that the deceased was staying at matrimonial house at Akkalkot while the applicant herein who is the husband of the deceased was staying at Pune. The first information report vis-a-vis the statement of the sister of the deceased prima facie reveals that the mother-in-law of the deceased used to complaint that the deceased was not able to cook and that her fatherin-law also used to abuse her. There are also allegations that the mother-in-law and father-in-law of the deceased Ashwini had made demand for dowry.

4.

The records prima facie reveal that the victim had committed suicide in her matrimonial house at Akkalkot. The applicant was not present at the matrimonial house as on the date of the incident or prior to the incident. Considering the above facts and circumstances and also considering the fact that the applicant is in custody since 19/12/2017 and that the investigation is complete and charge sheet has already been filed, in my considered view, he is entitled for bail. Hence, the following order :- (a) Bail Application is allowed.

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(b) The applicant is ordered to be released on bail in C.R.No.430/2017 on furnishing fresh bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two solvent sureties in the like amount, to the satisfaction of Sessions Court, Solapur. (c) The applicant shall furnish his permanent address and temporary address, if any and furnish all his contact details to the concerned Court.

(d) The applicant shall not change his residential address without prior intimation to the Investigating Officer. (e) The applicant shall not interfere with the witnesses in any manner.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3