Sandipan Prabhakar Solunke v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2293 OF 2019 Sandipan Prabhakar Solunke ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Govind B. Solanke, Advocate for the Applicant. Smt. A. A. Takalkar, APP for the Respondent - State. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 5th MARCH, 2020 PC :

1.

This is an application for bail. The applicant is arrested in connection with C.R. No. 651 of 2018 registered with Shirur Police Station, Dist. Pune for offences punishable under Sections 302 & 323 of Indian Penal Code.

2.

The case of the prosecution is that victim is wife of the applicant she was strangulated by the applicant. 3.

The contention of the applicant is that he had no reason to kill his wife. The marriage between them was performed 15 years ago. She was suffering from illness. Due to of knee pain she was frustrated and she committed suicide. The applicant found her hanging in the house and he pulled her down. He went to the house

of brother of the deceased to inform him about the incident. His brother's wife accompanied the applicant. It is submitted that there is no evidence to establish that the applicant has killed his wife. There is no eye witness to the incident. The applicant is in custody for a period of about 2 years.

4.

Learned APP submitted that the offence is of serious nature. The wife was killed by the applicant. The son of applicant and victim stated in his statement that he heard voice of victim shouting and he noticed that the applicant was leaving the room. The incident had occurred at about 4.00 a.m. The applicant had visited the house of the brother of the deceased. Since he was sleeping, sister in law of the applicant accompanied him. It is also alleged that the applicant had visited the police and confessed the crime which is recorded in station diary by the police. The applicant was in the house at the time of incident. Post-mortem report shows cause of death as strangulation. Strong circumstances are against the applicant. The contention of the applicant cannot be accepted at this stage. The child witnesses supports the prosecutions case. However, considering the fact that the applicant has two minor children who are with the father of the applicant and also considering the fact that the applicant is in custody from date of arrest. Trial can be expedited.

5.

Hence, I pass the following order :

O R D E R

i) Bail Application No. 2293 of 2019 stands rejected and disposed of accordingly.

ii) Trial Court shall make an endeavour to conclude the trial as expeditiously as possible.

(PRAKASH D. NAIK, J.)