Laxman Kaduba Sapkal And Another v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 BAIL APPLICATION NO. 1078 OF 2025 1.

Laxman Kaduba Sapkal 2.

Pushpabai Laxman Sapkal ...Applicants

VERSUS

The State Of Maharashtra Through Sillod Police Station

...Respondent

...

Mr. Nilesh S. Ghanekar, Advocate for Applicants Mr. P. P. Dawalkar, APP for Respondents/State ...

CORAM : SANJAY A. DESHMUKH, J.

DATE : 19.09.2025 PER COURT :- 1.

This is an application for granting bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023. The applicants are arrested in Crime No.06 of 2025 for the offences punishable under Sections 103(1), 105, 80(2), 85, 115(2), 352, 351(2) r/w. 3(5) of Bharatiya Nyaya Sanhita 2023 registered with Sillod City Police Station, Tq. Sillod, District Aurangabad.

2.

Informant averred in the report that his daughter, Manisha married with Satish Laxman Sapkal, son of the applicants. The applicants and husband of Manisha were harassing her as she could not begotten child. They were demanding dowry. They were saying that dowry was not given in the marriage and used to beat Narwade

(( 2 )) her on that count. They were threatening to kill her. Therefore, Manisha went to her maternal uncle, Krushna Pundlik Ingale and stayed there for one and half month. The relatives hold the meeting and tried to convince the applicants and their son and thereafter Manisha was sent for cohabitation. Again she was harassed by demanding Rs.1,00,000/-and if she failed to bring money they threatened to kill her. Manisha informed this fact to the informant and his family members by making phone calls. She was serving in the Shreeram Finance. All the family members were not working and they were depending upon her salary. Informant further averred that some days before the incident Manisha informed him that she had conceived, however, applicant and her husband harassing her. On 16.01.2025 at about 9.30 p.m. applicant-Laxman Sapkal informed the informant that his daughter, Manisha has committed suicide by hanging in their house. Informant went to the Sillod Government Hospital. The Doctor told that Manisha is no more and therefore report was lodged.

3.

Learned Advocate for the applicant pointed out statement of the witness Abhishek Raju Gadekar (relative) in which he has stated that son of the applicants got written fake suicidal note from him to show that Manisha has committed suicide. He submitted that applicants are falsely implicated in the crime. Applicants are old

(( 3 )) aged persons having roots in society. They will not flee away from trial. Trial will take long period. He lastly prayed to grant bail to them.

4.

Learned AGP strongly opposes the application and submitted that the applicants are involved in the serious crime. They had harassed Manisha. The applicants may pressurize the prosecution witness and tamper the evidence, if they are released on bail. He lastly prayed to reject the application. 5.

Perused the charge sheet, particularly the report and the statements of witnesses along with the post-mortem report. As per the post-mortem report there are eight injuries considering the alleged fake suicide note, at the most her husband is responsible for making it. Considering the ages of the applicants that they are 68 and 64 years of age and that they have roots in the society, the application deserves to be allowed on certain conditions. As per the cardinal principles of bail, the bail is rule and jail is exception. Hence the following order :- :: ORDER ::

i. The application is allowed.

ii. The applicants, in connection with Crime No.06 of 2025 registered with Sillod City Police Station, Tq. Sillod, District Aurangabad dated 17.01.2025, for the offences punishable under Sections 103(1), 105,

(( 4 )) 80(2), 85, 115(2), 352, 351(2) r/w. 3(5) of Bharatiya Nyaya Sanhita 2023, be released on bail on furnishing personal bond of Rs.25,000/- each with one surety of the like amount on following conditions :- a) The applicants shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. [SANJAY A. DESHMUKH, J.]