Ramling Bhima Kadam v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3437 OF 2019 Ramling Bhima Kadam ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Aniket Nikam i/b Mr. Piyush R. Toshnival, Advocate for the Applicant.

Mr. H. J. Dedhia, APP for the State-Respondent. V. Somali - ASI, Bhosari MIDC Police Station, Present. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 22nd January, 2020 PC :

1.

The applicant is seeking bail in connection with C.R. No. 694 of 2019 registered with Bhosari MIDC Police Station, Dist. Pune for offences punishable under Sections 306, 304-B 498-A r/w Section 34 of Indian Penal Code. The applicant was arrested on 31st October, 2019.

2.

The prosecution case is that the complainant Smt. Gangawati Nagnath Kshirsagar lodged report to Bhosari Police Station inter alia contending that the applicant and others are the relatives of her deceased daughter. The marriage of her daughter is performed with Sunil Kadam. Since marriage, the accused were harassing deceased. In marriage Sunil Kadam demanded money for gold ring and clothes.

2 of 3 927-BA-3437-2019.doc The applicant and others used to harass her for bringing fridge, TV, etc. That on 29/10/2019, the accused did not send her for Bhaubhij, hence complainant went to her house at that time her daughter told her that applicant and other accused persons forced her to leave study of MPSC and forced her to do the job and forced her to transfer the land to their name and for which they constantly harassing her. That on 30/10/2019, the accused persons picked up quarrel with complainant and her deceased daughter and on this count her daughter committed suicide by hanging herself. 3.

The other accused i.e. wife of the applicant and his two son had preferred application for anticipatory bail in Anticipatory bail Application No. 2441 of 2019 by order dated 8th November, 2019. The son of the applicant were granted anticipatory bail however his wife was refused anticipatory bail.

4.

Learned Counsel for the applicant submitted that she had approached Hon'ble Supreme Court challenging order passed by this Court and interim protection has been granted by the Supreme Court by order dated 12th December, 2019 which is pending. 5.

The applicant is in custody from the date of arrest. Investigation is competed and charge-sheet is filed. The applicant is father-in-law of the victim. The husband of the victim is still in

3 of 3 927-BA-3437-2019.doc custody. The applicant is aged about 60 years. The allegations were primarily against the co-accused. Considering these circumstances, bail can be granted to the applicant.

O R D E R

i) Bail Application No. 3437 of 2019 is allowed; ii) The applicant is directed to be released on bail in connection with C.R. No. 694 of 2019 registered with Bhosari MIDC Police Station, Dist. Pune on furnishing P.R. bond in 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 11.00 a.m. to 1.00 p.m.till further order. iv) Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)