Prashant Dashrath Farad And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2725 OF 2017 1.

Prashant Dashrath Farad 2.

Aakash Dashrath Farad ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.Sanjeev P. Kadam, i/b Mr.B. L. Jagtap for the Applicants. Mr.M.G.Patil, A.P.P for the Respondent-State. PSI-Pramod Shinde, Dahisar Police Station.

CORAM : REVATI MOHITE DERE, J.

DATE : 27th MARCH, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicants seek their enlargement on bail in connection with C.R.No.221 of 2017 registered with the Dahisar Police Station, for the alleged offences punishable under Sections 304(B), 498(A), 34 the Indian Penal Code.

3.

Perused the charge-sheet. The applicant No.1 is the husband

2/3 and the applicant No.2, aged 19 years, is the brother-in-law of deceased (Trupti). The prosecution case rests entirely on circumstantial evidence. The applicant No.1 was married to deceased-Trupti on 23rd November, 2016 and the incident took place on 30th May, 2017. According to the prosecution, deceased-Trupti committed suicide because of the demand for dowry and the harassment meted out to her, by the applicants and other coaccused. There are statements of witnesses i.e. the family members, who have stated that the applicants were demanding money for paying rent of the room and for purchasing cylinder etc. It appears that deceased-Trupti committed suicide in her matrimonial home, after locking the room. It is not in dispute that the applicants broke open the door and took the deceased to the Hospital, where she was declared dead.

4.

Be that as it may, the applicants are in custody since May, 2017. Investigation is complete and charge-sheet is filed. 5.

Considering the aforesaid, the application is allowed and the applicants are enlarged on bail on the following terms and conditions:-

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ORDER

i) The Applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- each, with one or two sureties in the like amount; ii) The Applicants shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

iii) The Applicants shall co-operate in the conduct of the trial. 6.

The Application is allowed and disposed of in above terms. 7.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)