Bandu Pandurand Sonawane And Other v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1255 OF 2020

1. Bandu Pandurang Sonawane Age: 65 years, Occu.; Business,

2. Sushila Bandu Sonawane Age; 60 years, Occu.: Household, Both R/o High Court Colony, Satara Parisar, Aurangabad ..APPLICANTS

VERSUS

State of Maharashtra Through Investigation Officer, Police Station Satara, Aurangabad ..RESPONDENT ....

Mr. P. N. Muley, Advocate h/f Mr. B.R. Sable, Advocate for applicants Mrs. P. V. Diggikar, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

(VACATION COURT) DATED : 11th NOVEMBER, 2020 PER COURT :

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicants have been arrested in connection with Crime No. 305 of 2020 registered with Satara Police Station, Dist. Aurangabad for the offences punishable under Sections 498A, 304B, 306, 323, 504 read with Section 34 of the Indian Penal Code. 1 / 3

2.

Heard. Perused First Information Report ("F.I.R." for short) and related police papers.

3.

The applicants are parents-in-law of deceased Prajakta. F.I.R. has been lodged by Prajakta's father. Sachin, son of the applicants, married Prajakta in May 2018. On marriage, Prajakta started residing at her matrimonial home. Sachin was doing private job in Mumbai. The couple had, therefore, stayed in Mumbai for about a year. During period of two years of marriage, Prajakta could not conceive. The applicants and Sachin would, therefore, harass her. They would also ask her to fetch gold and a car from her father. Prajakta used to relate her vows often to her father. On 27th September, 2020, Prajakta committed suicide by hanging in her matrimonial home. F.I.R., therefore, came to be lodged against the applicants and Sachin. 4.

Learned A.P.P. would submit that young bride had to commit suicide within two years of marriage. The suicide was fallout of ill treatment given to her by the applicants and their son. She, therefore, urged for rejection of the application.

5.

Learned counsel for the applicants would, on the other hand, submit that there is no suicide note. Allegations in F.I.R. are hearsay. The applicants are senior citizens. He, therefore, urged for grant of bail. 2 / 3

6.

Applicant No.1 is 65 years of age while Applicant No.2 is 60. Both the applicants have been behind bars for little over one and half month. There is no suicide note. Nature of evidence is oral one. It will take time for conclusion of investigation, commencement of trial and conclusion thereof. Considering age of the applicants being sixty plus, I am inclined to grant them bail. Hence, I pass the following order :-

ORDER

(I) The application is allowed.

(II) The applicants be released, in connection with Crime No. 305 of 2020 registered with Satara Police Station, Dist. Aurangabad for the offences punishable under Sections 498A, 304B, 306, 323, 504 read with Section 34 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety in the like amount. (III) The applicants shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 3 / 3