Namdev Nagurao Shinde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2878 OF 2019 Namdev Nagurao Shinde ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Vivek S. Babar, Advocate for the Applicant. Mr. Prashant Jadhav, APP for the State-Respondent. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 20th November, 2019 PC :

1.

This is an application for Bail in connection with C. R. No. 527 of 2019 registered with Bhosari Police Station, Pune for offences punishable under Sections 306, 498(A) 304(B), 323 & 504 of Indian Penal Code (for short "IPC").

2.

The applicant was arrested on 19th May, 2019. The FIR was lodged by the father of the victim. The victim is wife of the applicant who committed suicide by hanging in the house on 18th May, 2019. The marriage between the applicant and the deceased was solemnized on 30th May 2015. After the said wedlock of daughter was born who is now aged about two years. Learned counsel for the applicant submitted that the applicant as well as the victim were employed. The applicant is Mechanical Engineer and the victim was

Production Engineer. It is submitted that there was no reason for committing suicide on account of any harassment from the applicant . There are no previous complaint of ill treatment against the applicant. Both of them were married since last four years. 3.

Learned APP submitted that the statement of the complainant and the other witnesses would indicate that there was harassment and dowry demand at the instance of the applicant. She was compelled to commit suicide on account of harassment meted out to her. This amounts to abetment to commit suicide. 4.

Undisputedly the marriage was solemnized four years ago. The applicant and the victim were educated and both of them were working. The applicant is in custody from 19th May, 2019. Investigation is completed and charge-sheet is filed. In the factual matrix of the case, further detention of the applicant is not necessary. Trial would take time. Charge is not framed. Case is recently committed to Sessions Court.

5.

Considering the aforesaid circumstances bail can be granted on certain terms and condition.

O R D E R

i) Criminal Bail Application No. 2878 of 2019 is allowed;

ii) The applicant is directed to be released on bail in

connection with C. R. No. 527 of 2019 registered with Bhosari Police Station, Pune on furnishing P.R. bond for the sum of Rs. 25,000/- with one or more sureties in the like amount;

iii) The applicant shall report concerned police station once in a month on every first Saturday between 10.00 am. to 12.00 noon, till further order.

iv) Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)