Pranali Pramod Koli v. The State Of Maharashtra And ANR

2023:BHC-AS:34357 5 aba 2752 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2752 OF 2023 Pranali Pramod Koli ...

Applicant versus The State of Maharashtra and Anr.

...

Respondents Mr. Rushikesh Patil, for Applicant.

Mr. M.G.Patil, APP for State.

Mr. S.M.Petkar, HC, Shirala Police Station present.

CORAM:

N.J.JAMADAR, J.

DATE :

8 NOVEMBER 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the Applicant, on instructions, submits that in terms of the order dated 4 October 2023, the applicant had appeared before the Investigating Officer and co-operated with the investigation. 3.

Learned APP, on instructions of the IO, concurred with the submission of the Counsel for the Applicant.

4.

While granting interim bail, this Court has ascribed reasons. It was, inter alia, recorded as under :

"4.The first informant lodged a report on 7 September 2023 with the allegations that the deceased appeared to be under stress, post marriage. There were frequent quarrels between the deceased and the applicant. However, the deceased had not related the cause of the quarrel to the first informant. After the deceased died by suicide, the first informant alleged, it SSP 1/2

5 aba 2752 of 2023.doc transpired that prior to the marriage, the applicant was in a relationship with another person and the said relationship outside the marriage was the cause of frequent quarrels between the applicant and the deceased. Thus, the first informant alleged, the applicant abetted the commission of suicide. 5.

From the perusal of the allegations in the FIR, it becomes prima facie evident that the deceased had never disclosed to the first informant or any of the relatives the cause of the alleged frequent quarrels between the applicant and the deceased. The allegations of pre-existing relationship outside the marriage also appear to be based on suspicion. Prima facie, there is no material to indicate that there was a direct or proximate act attributable to the applicant which left the deceased with no option but to commit suicide." 5.

In view of the aforesaid reasons which weighed with this Court in granting interim bail and the fact that prima facie, there does not appear to be a direct or proximate act which can be termed as an instigation or intentional aid for the commission of suicide, I am impelled to make the order of interim bail absolute. 6.

Hence, the order dated 4 October 2023 granting interim bail to the applicant is made absolute on the terms and conditions incorporated therein. 7.

In addition, the Applicant shall regularly attend the proceedings before the jurisdictional Court.

8.

The Application stands disposed.

9.

It is clarified that these prima facie observations are confined to determine the entitlement to pre-arrest bail only. ( N.J.JAMADAR, J. ) SSP 2/2