Vinod S/O. Yeshwant Sirsat v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1606 OF 2016 Vinod s/o Yeshwant Sirsat, Age : 30 years, Occu. Driver, R/o Ramwadi, Tq. Renapur, District Latur APPLICANT

VERSUS

The State of Maharashtra, through Police Inspector, Ambajogai City Police Station, Ambajogai, Dist. Beed RESPONDENT ---- Mr. Suresh W. Munde, Advocate for the applicant Mr. A.S. Shinde, A.P.P. for the respondent-State Mr. Subhash V. Mundhe, Advocate to assist the A.P.P. ---- CORAM : M.T. JOSHI, J.

DATE : 04/04/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant who was arrested by Ambajogai City Police Station, District Beed in Crime No. 231/2015, registered for the offences punishable under section 498A, 306 read with section 34 of the Indian Penal Code, is praying for his release on bail.

3.

The complaint filed by the brother of deceased Radhika would show that she was married to present applicant Vinod in the year 2013. Thereafter, continuously there used to be demand of an amount of Rs. Three lacs for opening of a new shop by the present applicant and over the same, the present applicant always used to beat the deceased. He also used to harass her on several counts. Thereafter, he started asking for half share in the land of her parents and over the same, he continued to beat the deceased. The attempts to give understanding to him failed. In the meantime, deceased delivered a female child. However, due to illtreatment, ultimately on 30th December, 2015, she committed suicide by hanging herself. Therefore, the brother of the deceased filed the complaint. 4.

Learned counsel for the applicant submits that false allegations are made against the present applicant only due to accidental death of the deceased. The chargesheet is now filed and after filing of the chargesheet, the learned Sessions Judge has rejected the application for grant of bail, observing that the gravity of offence against woman is increased in the

society. However, considering the statements of the relatives and the parents of the deceased, the applicant be released on bail.

5.

Learned A.P.P. as well as learned counsel assisting to A.P.P. opposed the application. It was submitted that just within three years of the marriage, the deceased was required to commit suicide and considering seriousness of the offence, the applicant may not be granted bail.

6.

Upon hearing both sides and now the chargesheet is filed and the investigation is complete, in the background that the hearing in the case may take its own time, in my view, the applicant can be released on bail. Hence, the following order.

7.

The applicant be released on bail in Crime No. 231/2015, registered with Ambajogai City Police Station, District Beed, for the offences punishable under section 498A, 306 read with section 34 of the Indian Penal Code, on his executing P.R. bond in the sum of Rs. 15,000/- (rupees fifteen thousand) and also upon furnishing surety in the like amount.

8.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln1606-2016