Anna Nathu Jadhav v. The State Of Maharashtra

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1210 OF 2015 Anna Nathu Jadhav ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Ganesh Gole i/b. Mr. Akash R. Bhakhim, Advocate for the applicant. Mr. D.P. Adsule, APP for the State.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE : JULY 21, 2015 P.C.:

This Application is moved for bail. The applicant/accused is the father-in-law of deceased Sachika and he is facing charges under section 304B, 498A r/w. 34 of the Indian Penal Code in C.R. No. 87 of 2015 registered at Roha Police Station, Raigad. Namdeo Jagannath Chavan, father of deceased Sachika gave information to the police on 4th June, 2015.

2.

Sachika got married with Vinod Anna Jadhav, son of applicant/accused, in May 2013. There was demand of Rs. 2,00,000/- from the applicant/accused and his son Vinod. Sachika was tortured and harassed at the hands of applicant/accused and his son. Sachika used to tell about the harassment to her parents. In December, 2014, she gave birth to a baby girl. Her father-in-law, i.e. applicant/accused, expressed displeasure towards the birth of a baby girl. Thereafter, Sachika was harassed physically and mentally. On 2nd June, 2015 Sachika 1 / 3

telephonically informed her father that there are many restrictions in her house and her husband and relatives are not allowing her to go out, therefore, she is fed up with the life. Thereafter she committed suicide by hanging.

3.

The learned counsel for the applicant/accused submitted that applicant/accused was arrested on 4th June, 2015 and since then he is in prison. The learned counsel submitted that the applicant/accused is innocent. The charges levelled against the applicant are baseless and hence, he be released on bail.

4.

Learned APP opposed the Application. He submitted that in the FIR, the details of harassment are given. On instructions, he made submissions that the police have almost completed the investigation, however, Vinod Jadhav, husband of the deceased, is admitted in the admitted due to 50% burn injuries, which occurred after the incident of hanging by Sachika and because of this, Vinod Jadhav could not be arrested and hence, the charge sheet was not filed. 5.

It is submitted by the learned counsel for the applicant that Vinod Jadhav is still in the hospital and will remain there for more than one month.

6.

Perused the FIR. Considering the charges levelled against the applicant/accused, the details of harassment mentioned in the FIR and the 2 / 3

period spent by the applicant/accused in the prison, I am inclined to grant bail to the applicant/accused on the following terms and conditions:

O R D E R

i) The applicant shall be released on bail upon furnishing P.R. Bond in the sum of Rs.40,000/- with one or two sureties in the like amount;

ii) The applicant shall not tamper with the evidence or pressurize the witnesses;

iii) The applicant shall not contact the complainant or his family members;

(iv) The applicant shall make himself available and attend all Court dates;

(v) The applicant shall not abscond and furnish his address to the police along with address proof.

(vi) Violation of any of the conditions imposed shall amount to cancellation of bail forthwith.

(vii) The applicant shall not leave India without the prior permission of the Court.

7.

The Application stands disposed of on above terms. (MRS.MRIDULA BHATKAR, J.) 3 / 3