Karan Gulab Sahani v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2876 OF 2021 Karan Gulab Sahani .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Sachin R. Pawar for the Applicant.

Mr. A.A. Palkar, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 24th AUGUST, 2022.

P. C. :- .

This is an Application under section 439 of Cr.P.C. filed by the aforesaid Applicant who is facing trial in Sessions Case No.254/2021 on the file of Additional Sessions Judge, Pune for offences punishable under sections 498A and 306 r/w. 34 of the Indian Penal Code. 2.

Heard learned counsel for the Applicant and learned APP for the State. I have perused the records and considered the submissions advanced by learned counsel for respective parties. 3.

The Applicant was married to Asha in January, 2019. She committed suicide on 31/10/2020. Mauli Dhanraj Sahani, the mother 1/3

of the deceased-Asha lodged the FIR alleging that the Applicant and his mother had subjected the deceased-Asha to cruelty. The Applicant was demanding money and that her daughter had committed suicide because of the cruelty meted out to her by the Applicant and his mother.

4.

The records reveal that the deceased had committed suicide within a period of two years from the date of marriage. The statement of the mother reveals that the deceased informed her that the Applicant was assaulting her and was demanding money. In August, 2020, the complainant had deposited an amount of Rs.2,50,000/- in the account of the mother of the Applicant. The FIR further reveals that on 30/10/2020, a day prior to the death of the deceased - Asha, she had phoned her mother and informed her that the Applicant had assaulted her and she wanted to leave the house and return to Uttar Pradesh. The mother of the deceased had told her that she would send her brother to pick her up but the deceased committed suicide on the very next date i.e., on 31/10/2020. The statement of the neighbours prima facie reveals that the Applicant used to abuse and assault the deceased - Asha. There is prima facie material to show the demand for money and deposit of money by the mother of the deceased. The material on 2/3

record also indicates that she was also assaulted immediately prior to the incident.

5.

Considering the nature of the accusations against the Applicant and material in support thereof, I am not inclined to grant bail. Hence, the Bail Application stands dismissed.

PREETI JAYANI by PREETI H JAYANI Date: 2022.08.26 18:32:33 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 3/3