Shyam @ Madhav S/O Ganpatrao Wadje v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 336 OF 2015 Shyam @ Madhav s/o Ganpatrao Wadje.

...Applicant versus The State of Maharashtra.

...Respondent

.....

Mr. G. G. Kadam, Advocate for applicants.

Mr. A. V. Deshmukh, A. P. P. for respondent/State. .....

CORAM : T. V. NALAWADE, J.

DATE : 3rd FEBRUARY, 2015 ORAL ORDER :

.

The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

The learned A. P. P. shows so called diary written by the deceased which can be used against the applicant. 3.

Applicant is husband of the deceased. The crime is registered on the basis of the report of Gangadhar Kadam, father of deceased. Allegations are made that, present applicant was asking the deceased to bring money. Demands were made as he wanted to purchase Motor-cycle and then, when he wanted to

-2purchase a flat. Learned A.P.P. submitted that, amount of around Rs. 43,000/- was given by father of the deceased by depositing in the account of present applicant. Allegations are made that, amount of Rs. 1,00,000/- was given, but the applicant was not satisfied and ill-treatment was continued to deceased. This Court perused the so called diary but there is no mention of such demands in the diary. Deceased committed suicide by hanging herself in the matrimonial house.

4.

The submissions made show that the deceased was educated and still was attending the college as she was doing some course. Diary shows that, there used to be quarrels between her and family members of the applicant. Diary shows that, lastly, she had done medical check-up so as to ascertain her pregnancy, but report was negative.

5.

The applicant is behind the bar since 24/10/2014. Considering the nature of dispute and aforesaid circumstances, and as it is not certain that how much time will be required to dispose of the case, this Court feels that, it is not desirable to keep the applicant behind the bar till disposal of the case. 6.

In the result, the application is allowed. The applicant is to be released on bail on furnishing his PR and SB of Rs. 15,000/- (Rupees fifteen thousand). The applicant is not to

-3tamper with the prosecution witnesses. The applicant shall not enter the town of the complainant till the disposal of the case. [ T. V. NALAWADE, J. ] Tupe/03.02.15