Gajanan S/O Vishwnath Agre v. The State Of Maharashtra

G.A.Ghule 1/2 cri.appln. 2220.15..sxw [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 2220 OF 2015.

GAJANAN S/O VISHWNATH AGRE.

VERSUS

THE STATE OF MAHARASHTRA.

Appearance => Mr. Mayur Salunke, Advocate for the Applicant. Mrs. V.A. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

8th May, 2015.

Per Court :- Present Criminal Application is filed by the applicant for grant of regular bail, in connection with CR No. 65 Of 2015 registered with Police Station, Gangakhed, District - Parbhani for the offences punishable under Section.s.306, 498(A), 304(B) read with 34 of the Indian Penal Code. [2] Applicant is the husband of deceased Sujata, who committed suicide by hanging herself in her matrimonial house. Act of hanging is dated 28th February, 2015 and she was immediately taken to the hospital by the present applicant and family members. Sujata died in the hospital on 5th March, 2015.

First Information Report is lodged by Sanjay Shivraj Sopapure, father of deceased Sujata. From the first information report and from other material collected during the course of investigation, it is clear that there

2/2 cri.appln. 2220.15..sxw was no demand proximate to the date of incident. Further the learned Additional Public Prosecutor though has submitted that charge sheet is yet to be filed, she has fairly stated that investigation is over and only act of filing of the charge sheet is remained to be done. [3] Looking to the nature of the accusation made against the present applicant and considering the fact that other accused are released on bail same set of fact, Applicant is required to be released on bail. Hence, I pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) Applicant - GAJANAN S/O VISHWNATH AGRE shall be released on regular bail on he executing P.R. Bond of Rs. 10,000/- [Rs. Ten Thousand.] with one solvent surety in the like amount, in connection with CR No. 65 Of 2015 registered with Police Station, Gangakhed, District - Parbhani for the offences punishable under Section.s.306, 498(A), 304(B) read with 34 of the Indian Penal Code.

(iii) Bail before trial court.

(V.M. DESHPANDE, J.)