Rahul Sarangdhar Ghule v. The State Of Maharashtra

Mhi 1 BA-1715-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1715 OF 2016 Shri Rahul Sarangdhar Ghule ...

Applicant vs.

The State of Maharashtra ..

Respondent Mr. Satyajeet P. Dighe, Advocate for the applicant.

Mr. R.M.Pethe, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 24th August, 2016.

P.C.

1.

Heard. The applicant herein is arrested on 28.7.2016 in Crime No.169 of 2016 registered against him at Ambad Police Station, Nashik for the offences punishable under Sections 498A, 306, 323, 504, 506 read with Section 34 of IPC.

2.

It is the case of the prosecution that the applicant was married to Archana on 19.5.2006. It appears that she could not conceive pregnancy. It further appears that on 27.7.2016, the wife of the present applicant committed suicide by consuming some poisonous substance and, therefore, the applicant is being prosecuted for the offence punishable under Section 306 of IPC. The wife of the applicant expired on 28.6.2016. As on today,

Mhi 2 BA-1715-16.sxw the report is not received neither the histopathology report is available. 3.

The learned App submits that the investigation is in progress. In view of this, the learned counsel for the applicant submits that he would file an application after filing of charge sheet and seeks leave to withdraw the present application. Liberty as prayed for is granted in the interest of justice.

The application is dismissed as withdrawn.

4.

However, in the eventuality that the application is filed under Section 439 of Cr.P.C., before the Sessions Court after filing of charge sheet, the said application be considered on its own merits without being influenced by withdrawal of this application. (SMT.SADHANA S.JADHAV, J.)