← Library
Bombay High CourtBA/978/2021application allowed

Suresh Jatan Paradke v. The State Of Maharashtra

2021-09-08Hon'Ble Shri Justice M. G. Sewlikar3 pages

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 978 OF 2021 Suresh Jatan Paradke Applicant

Versus

The State of Maharashtra Respondent Mr. A.S. Savale, Advocate for the applicant.

Mr. S.P. Sonpawale, APP for respondent/State. CORAM : M.G. SEWLIKAR, J.

DATE : 8th September, 2021.

PER COURT :

1.

Heard.

2.

Allegations against the applicant are that the deceased married him on 5th May, 2020. She was attending online classes on account of spread of Covid-19. Applicant used to doubt the chastity of the deceased. On 30th June, 2021, the deceased had been to Mundewad i.e. her maternal place along with the applicant. Applicant went back leaving the deceased at her maternal place. On the next day, i.e. on 1st July, 2021, the deceased had online examination. Applicant had beaten the deceased suspecting her character. On 2nd July, 2021, at 8.00 am, informant who is the father of the deceased and his wife went for labour work. Deceased and

- 2 - applicant were at home. Informant and his wife came back home at 5.00 pm. They did not notice deceased and the applicant. When they searched for them, they found that deceased had committed suicide by hanging. Accordingly, First Information Report was lodged on 4th July, 2021.

3.

Shri Savale, learned counsel for the applicant submitted that vague allegations are made against the applicant. All the other accused persons have been released on bail. He further submitted that applicant is not having criminal antecedents. 4.

Learned APP submitted that applicant was suspecting character of the deceased. He had subjected the deceased to beating on that count. Since ill-treatment became unbearable, she committed suicide even when she was undergoing her online examination.

5.

On perusal of First Information Report and the statements of witnesses, it is seen that vague allegations are made against the applicant. No details as regards ill-treatment are given. No role is attributed to the applicant. The name of the paramour is

- 3 - also not mentioned. Therefore, on the basis of vague allegations, it can be said that a case is made out to release the applicant on bail. It appears from investigation papers that investigation is almost complete. Simply formality of fling charge-sheet is left. Offence is not puishable with death or imprisonment for life. In view of this, following order is passed :-

ORDER

i) Application is allowed.

Iii) Applicant be released on PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one solvent surety in the like amount, in connection with Crime No. 299/2021 registered with Dhadgaon Police Station, District Nandurbar, for the offences punishable under sections 498-A, 306, 323 and 504 of the Indian Penal Code, with a condition that he shall not interfere in the investigation, shall not pressurise the witnesses and shall attend the concerned police station as and when required by the Investigating Offcer to do so.

iii) Application stands disposed of.

( M. G. SEWLIKAR ) Judge dyb