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Bombay High CourtBA/890/2023application allowed

Dhanraj S/O Shivsharan Desatti @ Desatte v. The State Of Maharashtra And Another

2023-06-28Hon'Ble Shri Justice S. G. Mehare2 pages

931-BA-890-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.890 OF 2023 DHANRAJ S/O SHIVSHARAN DESATTI @ DESATTE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Mohit R. Deshmukh APP for Respondent No.1 : Mr. S. P. Deshmukh ...

CORAM :

S. G. MEHARE, J.

DATE :

28-06-2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant is seeking bail in C.R.No.0146 of 2023 registered with Naldurg Police Station, District Osmanabad, for the offences punishable under Section 306 of the Indian Penal Code. 3.

The prosecution has a case that the applicant and the deceased wife of the first informant had extra-marital relationship. When the family members learnt about their relationship, the applicant was explained, but he did not listen. On 31st March 2023, the first informant left his wife and mother-in-law at Busstand and they boarded a bus and he returned. However, they did not reach the village and on 1st April 2023 the dead body of mother-in-law and on 2nd April 2023 the dead body of his wife were seen floating in the reservoir.

931-BA-890-23.odt 4.

Perused the papers. Except the allegations of extra marital relationship, there is nothing against the applicant. One can understand that the wife of the applicant may commit suicide, but it is a mystery that the mother-in-law of the first informant also found dead and the prosecution has come with a case that they have committed suicide in the reservoir. Nothing has been recovered from the applicant. There are no antecedents to the discredit of the applicant. His further detention appears not essential. Therefore, he deserves bail. Hence, the order:- i) Bail application is allowed.

ii) Applicant Dhanraj s/o. Shivsharan Desatti @ Desatte be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.0146 of 2023 registered with Naldurg Police Station, District Osmanabad, for the offences punishable under Section 306 of the Indian Penal Code, on the condition that he shall not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE rrd