Pandurang Hari Ware v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1483 OF 2017 Pandurang Hari Ware ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.R.M.Khairnar, for the Applicant.

Mr.S.S.Hulke, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 13th JULY, 2017 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R. No.103 of 2017 registered with the Ghoti Police Station, Nashik, for the alleged offences punishable under Sections 306, 498A, 323, 504 r/w 34 of the Indian Penal Code. 3.

Learned Counsel for the applicant submitted that the applicant has been falsely implicated in the said case. She submits that although the

2/4 applicant has been named in the FIR, no specific role has been ascribed to the applicant.

4.

Learned APP submitted that although no specific role has been ascribed to the applicant in the FIR, the deceased - Manisha's mother, has in her statement, stated that the applicant alongwith his son-Bharat @Jagganath Pandurang Ware were demanding Rs.50,000/- for purchase of motorcycle and that they would assault Manisha, on account of the same. 5.

Perused the papers. The complainant is Balu Rama Lachake, the father of the deceased - Manisha. He has stated that his daughter - Manisha was married to the applicant's son, Bharat @Jagganath Pandurang Ware sometime in 2016. According to the complainant, Manisha's husband was demanding a sum of Rs.50,000/- for purchasing a new motorcycle for himself. He has alleged that Manisha had disclosed to him, that her husband - Bharat @Jagganath would get drunk and would assault her and would demand the said amount of Rs.50,000/-. Manisha left her matrimonial home on 1st June, 2017 and committed suicide by jumping in a well. In the FIR, although, the applicant has been named, no specific role

3/4 has been assigned to him. According to Manisha's mother, the applicant along with his son - Bharat @Jagganath were demanding an amount of Rs.50,000/- from Manisha and were also assaulting her. The applicant has been in custody since 3rd June, 2017.

6.

Considering the role of the applicant and the material, qua the applicant, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount; ii) The Applicant shall attend the concerned Police Station, on every Monday, between 10:00 a.m. to 11:00 a.m., till the filing of the chargesheet; iii) The Applicant shall not contact the complainant, witnesses or any person concerned with the case.

4/4 7.

The Application is allowed and disposed of in above terms. 8.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)