← Library
Bombay High CourtBA/653/2023application allowed

Navnath Naganath Gandhale And Others v. The State Of Maharashtra And Another

2023-04-19Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 BAIL APPLICATION NO.653 OF 2023

1. NAVNATH S/O NAGANATH GANDHALE

2. SUNANDA W/O NAVNATH GANDHALE

3. RAJKUMAR S/O NAVNATH GANDHALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Yadkikar Amit A., Mr. Akshay Kulkarni.

APP for Respondents-State : Mr. S. P. Sonpawale. ...

CORAM : S. G. MEHARE, J.

DATE : 19.04.2023 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned APP for the respondents-State.

2.

The applicants are seeking bail in Crime No.75 of 2023, registered at Latur Rural Police Station, District Latur for the offences punishable under Sections 498-A, 306 read with Section 34 of the IPC.

3.

Applicant Nos.1 and 2 were the in-laws and applicant No.3 was the brother-in-law of the deceased. The deceased committed suicide leaving a suicide note.

4.

Learned counsel for the applicants referred to the contents of the suicide note mentioned in recovery-cum-spot panchnama of the suicide note. The contents of the said suicide note reveals that deceased had no complaints against the applicants and her husband. She has specifically stated that the family members of her in-laws were good. After the death, the allegations have been levelled against the applicants that they along with the husband of the deceased harassed her for money to purchase the auto rickshaw. Prima facie it appears that the deceased had no complaints against the present applicants. The suicide note did not support the prosecution. Nothing is to be recovered from the applicants. Hence, they deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant Nos.1. NAVNATH S/O NAGANATH GANDHALE, 2. SUNANDA W/O NAVNATH GANDHALE and 3. RAJKUMAR S/O NAVNATH GANDHALE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.75 of 2023, registered at Latur Rural

Police Station, District Latur for the offences punishable under Sections 498-A, 306 read with Section 34 of the IPC, on the following conditions :

(a) The applicants shall not tamper with the prosecution witnesses.

(b) They shall attend the police station as and when called by the Investigating Officer on written notice.

(S. G. MEHARE, J.) ...

vmk/-