Ramesh Balasaheb Jadhav v. The State Of Maharashtra
20-BA-439-2022.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 439 OF 2022 Ramesh Balasaheb Jadhav ... Applicant
Versus
The State of maharashtra ... Respondent ....
Mr. A. D. Ostwal a/w Mr. Mohit Lalit Dedda, Advocates for applicant Mr. S. P. Sonpawale, APP for respondent - State ....
WITH CRIMINAL APPLICATION NO. 1375 OF 2022 Sopan Nanabhau Bhoge ... Applicant
Versus
The State of Maharashtra and another ... Respondents ....
Mr. A. B. Jagtap, Advocate for applicant Mr. S. P. Sonpawale, APP for respondent No.1 - State Mr. A. D. Ostwal a/w Mr. Mohit Lalit Dedda, Advocates for respondent No.2 ....
CORAM : R. G. AVACHAT, J.
DATED : 19th SEPTEMBER, 2022 PER COURT :- .
Criminal Application No.1375 of 2022 is allowed. The original complainant is permitted to assist the learned APP.
(( 2 )) 2.
This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0526/2021, registered at M.I.D.C. Police Station, Ahmednagar, District Ahmednagar, for the offences punishable under Sections 302, 304-B, 306, 498-A, 324, 323, 504, 506 read with 34 of the Indian Penal Code.
3.
Heard. Perused the First Information Report (FIR) and related papers.
The FIR has been lodged by the father of the deceased on 09.08.2021. It is his case that his daughter Komal had married the applicant in May 2017. The applicant and the in-laws of the deceased had treated her well for initial some days. Thereafter, they started asking her to fetch Rs.5,00,000/- (Rupees Five Lakh) from her parents for purchase of a land. The deceased had informed the same to her parents, Her parents in turn, reasoned with the applicant and his parents and even assured to satisfy their demand afterwards. It is also the case of the informant that thereafter, the applicant and his parents had assured to be kind enough towards his daughter. They, however, started again ill-treating her with a demand for Rs.5,00,000/- (Rupees Five Lakh) for purchase of a car. The deceased had related
(( 3 )) the same to her parents on 02.08.2021 while she had been to their residence. It is also his case that the deceased went back to her matrimonial home. On 09.08.2021 the informant was told that the deceased committed suicide by jumping into a well. 4.
Initially, the crime was registered for the offence punishable under Section 498-A and 306 of the Indian Penal Code. Afterwords Section 304-B was invoked and thereafter, Section 302. 5.
The learned APP and the learned Advocate for the informant would submit that there were seven injuries on the person of the deceased. Medical opinion suggests that those injuries were caused under hard and blunt object. Both the learned Advocates meant to say that the deceased must have been assaulted and even pushed in the well.
6.
Based on the similar material, co-accused have been granted anticipatory bail. The deceased died of drowning. The nature of the evidence is oral one. The applicant is in jail for little over one year. On investigation, the charge-sheet has been filed. It will take time for commencement and conclusion of the trial. This Court in inclined to grant the applicant, bail. Hence, following order:
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O R D E R
(i) The Bail Application is allowed.
(ii) The applicant be released on bail in connection with Crime No.0526/2021, registered at M.I.D.C. Police Station, Ahmednagar, District Ahmednagar, for the offences punishable under Sections 302, 304-B, 306, 498-A, 324, 323, 504, 506 read with 34 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.
(iii) The applicant shall not tamper with the prosecution evidence [ R. G. AVACHAT, J. ] SMS