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Bombay High CourtBA/1796/2017bail granted

Sachin Subhash More v. The State Of Maharashtra

2017-08-29Hon'Ble Justice Revati Mohite Dere4 pages

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1796 OF 2017 Sachin Subhash More ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.S.V.Bhagutre, for the Applicant.

Ms.Anamika Malhotra, A.P.P for the Respondent-State. API - Kshirsagar and PSI - Sarang, Charkop Police Station. CORAM : REVATI MOHITE DERE, J.

DATE : 29th AUGUST, 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.245 of 2017 registered with the Charkop Police Station, for the alleged offences punishable under Sections 306, 498A, 504, 323, 494 of the Indian Penal Code. 3.

Learned Counsel for the applicant states that admittedly the

2/4 applicant was not present in the house, when his wife - Sanchita committed suicide. He submitted that investigation is complete and charge-sheet is filed.

4.

Learned APP opposed the application.

5.

Perused the papers. It appears that the applicant was married to Sanchita in April, 2010 and there are 2 children from the said wedlock. It also appears that the applicant subsequently got married to Geeta and that he would visit both the houses. It appears from the statement of the applicant and Sanchita's daughter - Shika, that there used to be quarrels between the applicant and Sanchita, as the applicant had contracted second marriage. It appears that in the said quarrel the applicant would assault the deceased. It also appears, that the applicant would go and reside with the second wife in the night. It also appears from Shika's statement (daughter of applicant and Sanchita) that on the day of the incident, there was quarrel between the two, after which, the applicant left the house. It also appears that thereafter, Sanchita went to the kitchen and committed suicide. The applicant is in custody since June, 2017. Investigation is complete and

3/4 charge-sheet is filed. Whether or not Section 306 of the Indian Penal Code would be applicable or not is a matter, which will be decided by the trial Court.

6.

Considering the aforesaid, 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.25,000/- with one or more sureties in the like amount; ii) The Applicant shall attend the concerned Police Station, on the first Saturday of every month, between 10:00 a.m. to 11:00 a.m., for a period of 12 months from today;

iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing;

4/4 iv) The Applicant shall not contact the complainant, witnesses or any person concerned with the case;

v) The Applicant shall co-operate in the conduct of the trial. 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.)