Ashok S/O Vasantrao Hirde And ORS v. The State Of Maharashtra

1 Cr. Appln. 1318/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1318 OF 2015

1. Ashok S/o Vasantrao Hirde Age : 23 years, Occu.: Agril.,

2. Changubai W/o Vasantrao Hirde, Age : 53 years, Occu.: Household,

3. Jalindar @ Ram Vasantrao Hirde, Age : 21 years, Occu.: Agril., All R/o Babhulgaon (Ganga), Tq. Vaijapur, Dist. Aurangabad .. Applicants Vs.

The State of Maharashtra .. Respondent ---- Mr. C.R. Thorat, Advocate for the applicants Mr. S.R. Palnitkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 30/04/2015 ORAL ORDER :

1.

Heard both sides.

2.

The present applicants who are arrested by Virgaon Police Station, Dist. Aurangabad for the offences punishable under section 498-A, 304(B), 306, 323, 504, 506, 34 of the Indian Penal Code, are praying for their release on bail.

2 Cr. Appln. 1318/2015 3.

First application of applicant no.2-Changubai and applicant no.3-Jalindar, bearing Criminal Application No. 6841 of 2014 was allowed to be withdrawn by this Court on 24/12/2014 with liberty to file similar application in case the trial is not concluded within six months. So far as applicant no.1-Vasantrao S/o Madhavrao Hirde therein i.e. the father-in-law of the deceased is concerned, he was directed to be released on bail by the said order.

4.

Upon hearing both sides and reading of the suicide note i.e. the chit purported to have been left by the deceased as well as the statements recorded by the Police and the complaint filed by her father after the death of the deceased would show that the deceased has married with the present applicant no.1-Ashok S/o Vasantrao Hirde on 5/3/2014. She died on 23/11/2014 due to poisoning. During this period, according to the deceased, she was being severely ill-treated by the present applicants over various grounds including the demand of money. Applicant no.1 i.e. the husband of the deceased used to continuously ill-treat her on the instigation of his mother i.e. applicant no.2 while

3 Cr. Appln. 1318/2015 applicant no.3 - the younger brother-in-law had an evil eye against her.

5.

As per direction of this Court, learned A.P.P has sought instructions from the concerned Court regarding the progress of the trial. The report received by the learned A.P.P. is to the effect that the trial would be concluded by the end of August, 2015. 6.

Considering all these facts, in my view, this is not a fit case for releasing the applicants on bail. The application is hereby dismissed.

7.

The learned Sessions Judge however is directed to take efforts for early conclusion of the trial by the end of August, 2015.

[M.T. JOSHI] JUDGE arp/