Vilasbhai @ Vinesh Parsing Vasave v. The State Of Maharashtra

26-BA-1478-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1478 OF 2022 VILASBHAI @ VINESH PARSING VASAVE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Rutuja L. Jakhade holding for Mr. Suniket A. Kulkarni APP for Respondent : Mr. K. S. Patil ...

CORAM :

S. G. MEHARE, J.

DATE :

17-10-2022 PER COURT :- 1.

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

2.

The applicant is brother of the sister-in-law of the first informant. It has been alleged against him that a day before the incident, he assaulted the deceased with stone. On the next day, the deceased was missing. On 04.08.2022, he committed suicide by hanging to the tree.

3.

The learned counsel for the applicant would submit that there is no evidence of abetment to commit suicide. He did not assault the deceased with stone as alleged. There was a dispute between the brothers and sister-in-law. The applicant is behind the bars since 07.08.2022. The material investigation is over. Nothing is to be recovered from him. Therefore, the applicant may

26-BA-1478-22.odt be granted bail. It has also been argued by her that the coaccused has been released on bail by this Court. She is also claiming the parity.

4.

The allegations apparently reveal that the deceased did not commit suicide soon after the alleged assault. The applicant is behind the bars for a sufficient time. It being the case of suicide, nothing is to be recovered from him. The material investigation appear to have been completed. Considering the nature of offence and progress in the investigation, it would be inappropriate to keep the applicant behind the bars. However, certain conditions may be imposed. Hence, the following order :- i) The application is allowed.

ii) Applicant Vilasbhai @ Vinesh Parsing Vasave be released on bail, on furnishing PB and SB of Rs.25,000/- with one solvent surety of the like amount, in C.R.No. 339 of 2022 registered with Akkalkuwa Police Station, District Nandurbar, for the offences punishable under Sections 306, 323, 504, 506 read with Section 34 of the Indian Penal Code, on the conditions that (a) not to contact the victim/first informant; (b) not to enter the place of the residence of the first informant; and, (c) he shall not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE rrd