Shashikant Sakharam Kolpe v. The State Of Maharashtra

2023:BHC-AS:36856 18 aba 2859 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2859 OF 2021 Shashikant Sakharam Kolpe ...

Applicant versus The State of Maharashtra ...

Respondent Ms. Meghna Gowalani with Mr. Chetan Arvind Alai, Mr. Ashutosh Karantutkar, i/by Mr. Chetan Alai, for Applicant.

Mr. S.H.Yadav, APP for State.

Mr. G.S.Dhage, PSI Sangvi Police Station present.

CORAM:

N.J.JAMADAR, J.

DATE :

7 DECEMBER 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

This is an application for pre-arrest bail in connection with C.R.No.351 of 2021 registered with Sangavi Police Station for the offences punishable under Sections 306, 323 read with Section 34 of the Indian Penal Code. 3.

When the application was listed before the Court on 10 December 2021, this Court was persuaded to grant interim protection. The applicant has appeared before the Investigating Officer and the Court is informed that the applicant has surrendered his mobile phone handset pursuant to the order dated 24 February 2022. 4.

I have perused the allegations in the FIR and the alleged suicide note. Prima facie, it appears that the applicant and deceased had turned astray. Undoubtedly, there are allegations of physical and mental cruelty against the SSP 1/2

18 aba 2859 of 2021.doc applicant. It further appears that few days prior to the alleged occurrence, the applicant and the deceased had parted ways.

5.

In the circumstances, whether there was direct or proximate act or omission on the part of the applicant which can be construed as instigation or intentional aid to commit suicide, may warrant consideration at the trial. 6.

As the applicant is on interim bail since 10 December 2021, at this length of time, the custodial interrogation of the applicant does not seem to be warranted to facilitate further investigation. Hence, I am impelled to make the order of interim bail absolute.

7.

Thus, the following order :

ORDER

(i) The order of interim bail dated 10 December 2021 is made absolute on the terms and conditions incorporated therein. (ii) In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.

(iii) It is, however, clarified that the observations are confined to the consideration of entitlement for pre-arrest bail and the trial Court shall not be influenced by any of the observations in further proceedings. (iv) The application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2