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Bombay High CourtBA/2027/2017bail granted

Prashant Anant Parab v. The State Of Maharashtra

2017-09-21Hon'Ble Justice Revati Mohite Dere4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2027 OF 2017 Prashant Anant Parab ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Sachin S. Punde for the Applicant Ms. Veera Shinde, A.P.P for the Respondent-State PSI Mr. Nilesh Dhonde from Sakinaka Police Station, is present CORAM : REVATI MOHITE DERE, J.

THURSDAY, 21 st SEPTEMBER, 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. 373 of 2017 registered with the Sakinaka Police Station, Mumbai, for the alleged offences punishable under Sections 306, 498A, 504 and 506 r/w 34 of the Indian Penal Code. 3.

Learned Counsel for the applicant submits that admittedly, the applicant, brother-in-law of deceased-Savita lived separately. He submitted 1/4

that in the FIR lodged by Devji Gawde-the father of the deceased, three are no allegations qua the applicant. According to the learned Counsel, in the suicide note, Savita has written that the applicant would consume alcohol and would threaten her. He submitted that there are no other allegations apart from the same.

4.

Learned A.P.P does not dispute the aforesaid. 5.

Perused the papers. Deceased-Savita was married to applicant's brother-in-law-Tushar Raul on 19th April, 2017. On 10th July, 2017, Savita committed suicide in her matrimonial home. According to the complainant-Devji Gawde-father of Savita (deceased), due to harassment and ill-treatment, meted out by accused, his daughter-Savita committed suicide. It is not in dispute that the applicant was residing separately from that of the deceased-Savita and her husband. In the FIR, the allegations are essentially against Tushar and Trupti. In the suicide note written by deceased-Savita, Savita has alleged that the applicant would consume alcohol and would threaten her.

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6.

Considering the aforesaid, further detention of the applicant is not warranted. Accordingly, 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 provisional cash bail of Rs. 15,000/-, for a period of six weeks from today; (ii) The applicant shall, within the said period of six weeks of his release on provisional cash bail, furnish PR Bond in the sum of Rs. 15,000/- with one or more local solvent sureties in the like amount;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The applicant shall inform his latest place of residence and mobile contact number and/or change of residence or mobile details, 3/4

if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (v) The applicant to cooperate with the conduct of the trial. 7.

The application is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 9.

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

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