Savita Waman Shinde And ANR v. The State Of Maharashtra

2023:BHC-AS:34502

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3462 OF 2023

1. SAVITA WAMAN SHINDE

2. RAHUL WAMAN SHINDE ..APPLICANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Jaydeep D. mane for the applicants.

Ms. Veera Shinde, APP for the State.

PSI Tanaji N. Pawar, Vairag Police Station, Solapur Gramin. ------------ CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 9, 2023.

P.C. :

1.

Heard learned counsel for the applicants and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 306, 323, 504, 506 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 06.09.2023 vide C.R. No.493 of 2023 with Vairag Police Station, Solapur.

3.

The brother of the complainant committed suicide on 30.08.2023. The mother-in-law and the brother-in-law of the deceased are the accused. The deceased had left a 1/4

suicide note. In the suicide note it is stated that the deceased was not getting any success in the work he was doing. At home his wife is always nagging and quarreling with him. The deceased also had some problems in his spine. He was addicted to liquor. As a result of the constant embarrassment the deceased committed suicide. Seven days post the incident the FIR was registered by the brother of the deceased alleging harassment on the part of the applicants. It is alleged that such harassment of the applicants was the cause of death of the deceased. 4.

Learned APP opposed the application for bail. 5.

The applicant No.1 was arrested on 24.09.2023 and the applicant No.2 was arrested on 25.09.2023. The investigation though is ongoing and the charge-sheet is yet to be filed, in the facts and circumstances of the present case I am inclined to enlarge the applicants on bail as their further custody is not required. The applicants will face the consequences of the trial if found guilty. There are no criminal antecedents reported against the applicants. Hence, the following order :- 2/4

O R D E R

(a) The application is allowed.

(b) The applicants-Savita Waman Shinde and Rahul Waman Shinde in connection with C.R. No.493 of 2023 registered with Vairag Police Station shall be released on bail on their furnishing P.R. Bond of Rs.25,000/- each with one or more sureties in the like amount. (c) The applicants are permitted to furnish cash bail surety in the sum of Rs.25,000/- each for a period of 6 weeks in lieu of surety.

(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicants shall not tamper with evidence. (e) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change.

(f) The applicants shall attend the trial regularly. The applicants shall co-operate with the trial Court and shall not seek unnecessary adjournments.

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6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4