Abid Mohd. Siddique Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2389 OF 2018 Abid Mohd. Siddique Shaikh ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Mr. Aniket Vagal for the applicant.

Mr. Prashant Jadhav, APP for the Respondent-State. Mr. Satish Kashe, P.I. Shivajinagar Police Station is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 22nd JANUARY, 2019.

P.C.

1.

This is an application for bail in connection with CR No. 314 of 2018 registered with Shivajinagar Police Station for the offence punishable under Sections 306, 323, 504, 498(A) of Indian Penal Code. First Information Report was lodged on 30th June, 2018. 2.

Marriage between the applicant and the victim was solemnized on 26th March, 2018. Victim had committed suicide on 28th June, 2018. First Information Report was lodged by the mother in law of the applicant. Alongwith applicant, brother, mother and sister of the applicant was also impleaded as accused. All of them were arrested. Except applicant, other accused were granted bail. Applicant was arrested on 30th June, 2018.

3.

First Information Report refers to the harassment. First incident dated 28th March, 2018 wherein applicant had assaulted the victim. It is further alleged that applicant used to tell the victim to bring money for daily expenses from her mother. It is also alleged that applicant used to repeatedly conversation with his sister. Applicant had assaulted the victim and due to that she had committed suicide on 28th June, 2018.

4.

FIR does not indicate any allegation of dowry demand. One of the primary allegations appears to be that applicant used to have frequent conversation with sister and she used to instigate him. Within short span of time, deceased victim had committed suicide. Learned counsel for the applicant submitted that coaccused were granted bail. Applicant is in custody from the date of arrest. Chargesheet is filed.

5.

Learned APP submits that in the supplementary statement the complainant has referred demand of motor-cycle by the applicant. It is also submitted that brother of the applicant has also referred the harassment caused by the applicant to his wife. 6.

On perusal of the statement of the applicant's brother he was residing separately alongwith his wife on account of alleged harassment by his mother and sister. Applicant is in custody from

the date of arrest i.e 30th June, 2018. Investigation is completed and chargesheet has been filed. Considering the aforesaid circumstances, further detention of the applicant is not necessary and case for grant of bail is made out.

ORDER

i.

Criminal Bail Application is allowed;

ii.

Applicant is directed to be released on bail in connection with C.R. No. 314 of 2018 registered with Shivajinagar Police Station on furnishing P.R Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

iii.

Applicant is permitted to furnish cash security in the sum of Rs.25,000/- for a period of six weeks;

iv.

Applicant shall report to the concerned Police Station once in a month on first Saturday of every month between 11 a.m. to 1 p.m. till further order;

v.

Criminal Bail Application stands disposed off. ( PRAKASH D. NAIK, J. )