Brahmadev Pandurang Ghatule And ANR. v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISIDCTION CRIMINAL BAIL APPLICATION NO. 2683 OF 2022 Brahmadev Pandurang Ghatule And Anr.

...Applicants

Versus

State Of Maharashtra

...Respondent

....

Mr. Rushikesh Kale, Advocate for the Applicant. Ms. P. N. Dabholkar, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

12th October, 2022.

PER COURT :

1.

This is an application for bail. The applicants are arrested on 10th June, 2022 in connection with C.R. No.512 of 2022 registered with Mohol Police Station, Solapur for the offences punishable under Sections 306, 498-A read with Section 34 of the Indian Penal Code, 1860.

2.

The First Information Report was lodged by brother of the deceased on 10th June, 2022. It was alleged that, the complainants sister was married to applicant No.1 in 2008. After the marriage she was harassed by the accused. Attempts were made to resolve their dispute with the aid of the respected people from the village. The accused No.1 (applicant No.1) demanded money for purchasing tractor. Since demand was not full-filled, the victim was harassed. On 9th June, 2022 the accused No.1 made phone call to complainant and informed that,

the victim has consumed medicine, and she has been taken to hospital. She died. Statements of witnesses were recorded. On completing investigation, charge-sheet was filed.

3.

The applicant No.1 is the husband and applicant No.2 is motherin-law of deceased. The applicants had preferred an application for bail before Court of Sessions which has been rejected by order dated 25th August, 2022.

4.

Leaned Advocate for the applicant submitted that, there was no reason for the victim to commit suicide. Allegations in FIR and statements of witnesses are afterthought. The incident had occurred 15 years after the marriage.

5.

Leaned APP submitted that, the statement of the witnesses and the first informant refers to the harassment caused to the victim. There was demand of money for purchasing tractor. The victim had not conceived and hence she was illtreated.

6.

Both the applicants are in custody from the date of arrest charge-sheet is filed. The marriage between applicant No.1 and deceased was performed in the year 2008. The incident of suicide had occurred after a period abut 15 years from the date of marriage. There were no previous complaint of harassment. Further detention of the applicants is not necessary.

ORDER

(i) Criminal Bail Application No. 2683 of 2022 is allowed.

(ii) The applicant is directed to be released on bail in connection with C.R. No.512 of 2022 registered with Mohol Police Station on furnishing P.R. Bond in the sum of Rs.20,000/- each with one or more sureties in the like amount.

(iii) The applicants are permitted to furnish provisional cash bail security in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety. (iv) Criminal Bail Application is disposed off.

(PRAKASH D. NAIK, J.)