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Bombay High CourtBA/1536/2017others disposed off

Dharamraj Rajaram Yadav v. The State Of Maharashtra

2019-01-28Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 6-ba-1536-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1536 OF 2017 Dharamraj Rajaram Yadav .. Applicant Vs.

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

Mr.Ashok Mundargi, Senior Advocate i/b. Mr.Shashank P. Barade, Advocate for the Applicant.

Mrs.A.A. Takalkar, APP for Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATE : JANUARY 28, 2019.

P.C.

This is an application for bail in connection with C.R.No.I-92 of 2017, registered with Virar Police Station, DistrictPalghar, on 19th February, 2017, for the offence punishable under Section 302 of Indian Penal Code. Applicant was arrested on 19th February, 2017, and since then he is in custody. Prosecution case is that the applicant was suspecting the character of his wife (deceased). On 18th February, 2017, there was exchange of words between the applicant and the deceased. Applicant assaulted her by wooden rib and caused several injuries, which has resulted into her death. Learned counsel for the

rpa 6-ba-1536-17.doc applicant submitted that the investigation is completed and charge-sheet has been filed. Applicant is in custody from the date of arrest. There are three minor children born out of the said wedlock, and, they are dependent on the applicant. On perusal of the documents on record, it is apparent that the deceased who is the wife of the applicant was brutally assaulted by the applicant. Postmortem report indicates several injuries on her person. There are eye witnesses to the incident. In these circumstances, no case for grant of bail is made out and the application is rejected.

Considering the fact that the applicant is in custody from 19th February, 2017, trial Court is directed to make an endeavour to conclude the trial expeditiously and as far as possible within a period of nine months from receipt of this order. Bail Application stands disposed of.

( PRAKASH D. NAIK, J. )