Vaibhav Sudhir Fepade v. The State Of Maharashtra

1 /3 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2549 OF 2017 Vaibhav Sudhir Fepade vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Niranjan Mundergi i/by Vinaya Padwal for the Applicant. Mr.R.M.Pethe,APP for the Respondent-State.

CORAM :A.S.GADKARI, J.

DATE : 19th December, 2017 P.C.

1.

This is an application under Section 439 of the Cr.P .C. for bail in CR No.313 of 2016 registered with Vanrai Police Station, Mumbai under Sections 306, 354(3), 504 and 506 of the Indian Penal Code. The name of the deceased is Ms. Snehal Rane. The date of incident is 1.12.2016 between 4.30p.m. to 5.00 p.m.

2.

It is the prosecution case that the applicant was having love affair with the deceased Ms. Snehal Rane for about 5 to 6 years prior to the date of incident. That, the applicant had proposed the said Ms. Snehal for marriage. That, the parents of the deceased were against the affair and had suggested her to perform marriage with other suitable boy. It is the further prosecution case that despite rejection of the proposal by the parents of the deceased the applicant used to harass and pressurize the deceased to perform marriage with him. It is alleged that due to constant harassment at the hands of the

2 /3 applicant deceased Ms. Snehal Rane committed suicide between 4.30 to 5.00 p.m. on the date of incident at her residence. The first information report is lodged by Shri. Krishana Rane father of the deceased. During the course of investigation, the applicant has been arrested on 2.12.2016 and after completion of investigation the police have submitted charge sheet.

3.

Perused the charge sheet.

The record indicates that the applicant was having love affair with the deceased for about 5-6 years prior to the date of incident. That, the parents of the deceased were against the said affair and had suggested the deceased Ms. Snehal to marry with another boy. Deceased Ms. Snehal was in constant contact with the sister of the applicant namely Smt. Vaishali H. Dhabi. The said witness has stated that on the date of incident in the morning Ms. Snehal had informed her that she was ready and willing to perform marriage with the applicant however her parents are trying to arrange marriage with other boy to which she is not agreeable. Then, at abut 12.32 p.m. Snehal sent a message to her on her mobile phone informing her "Sorry". 4.

After perming the record it prima facie appears that the applicant is not instrumental in either inducing or abetting to deceased Ms. Snehal to commit suicide and there is every possibility that deceased Snehal might have committed suicide for the reasons stated herein above. In view thereof, the applicant can be released on bail.

Hence, the following order.

a) The applicant be released on bail in CR No.313 of 2016 registered with Vanrai Police Station, Mumbai on his furnishing

3 /3 PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

b) After his release from Jail the applicant shall attend the concerned police station on every first Monday of the month between 10.00 a.m. to 1.00 p.m.

c) The applicant shall attend all the dates before the Trial Court.

d) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

e) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)