Amar Khadu Barawkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2460 OF 2018 Amar Khadu Barawkar ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Rohan H. Barge for the applicant.

Mrs. J.S. Lohokare, APP for the State.

Mr. Pradip B. Jadhav, PI, Manchar Police Station, Pune Rural, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 17th OCTOBER, 2018.

P.C.:

.

This is an application under Section 439 of Criminal Procedure Code filed by the aforesaid applicant, who has been arrested in C.R.No.104/2018 registered at Manchar Police Station, District Pune for offences punishable under sections 306, 498(A), 304(B) r/w. 34 of the Indian Penal Code.

2.

Heard Mr. Rohan Barge, learned counsel for the applicant and Mrs. J.S. Lohokare, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

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3.

The records prima facie reveals that Ashwini, the daughter of the first informant was married to Suraj, the brother of the applicant herein on 02/05/2013. Said Ashwini committed suicide on 10/03/2018. Mangal Rajendra Shirke, the mother of the said Ashwini lodged the first information report alleging that her daughter Ashwini committed suicide because of the ill treatment meted out to her by her husband and other family members.

4.

A perusal of the first information report prima facie indicates that the allegations levelled are general in nature. Moreover, the allegations have been levelled almost against every family member. The records reveal that the seven other co-accused being the family members of Suraj have already been granted bail. The applicant who is similar placed is entitled for bail on the ground of parity. Even otherwise, the applicant is a permanent resident of Taluka Ambegaon, Dist. Pune and there are no chances of him fleeing from justice. The applicant has no criminal antecedents.

5.

Considering the above facts and circumstances, in my considered view, the applicant is entitled for bail. Hence, the Bail Application is allowed on following terms and conditions :- 2/3

(a) The applicant who is arrested in C.R.No.104/2018 registered at Manchar Police Station, District Pune is ordered to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Fifty Thousand) with one or two solvent sureties in the like amount. (b) The applicant shall furnish his permanent address and temporary address, if any, and his contact details to the concerned Court. (c) The applicant shall not change his residential address without prior intimation to the concerned Court.

(d) The applicant shall not interfere with the other witnesses in any manner.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3