Jijarao Ganpat Pathade v. The State Of Maharashtra

2024:BHC-AUG:22146 920-BA-1532-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1532 OF 2024 JIJARAO GANPAT PATHADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ravindra V. Gore APP for Respondent : Mr. S. P. Sonpawale ...

CORAM : S. G. MEHARE, J.

DATE : 20-09-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learend A.P.P. for the respondent.

2.

The applicant seeks bail in C.R.No.250 of 2024 registered with Karmad Police Station, Aurangabad (Rural) for the offences punishable under Sections 304B, 498A, 504, 506 read with Section 34 of the Indian Penal Code.

3.

The applicant has a case that the victim was residing in the remote village. She performed the conditional marriage with him that he would not force her to do the agricultural work and live with her in a big town. The applicant has only one and half (11⁄2) Acres land. She was not supporting the family. Therefore, she was not happy with the applicant. On the date of the incident, she refused to go to the field. Therefore, the family members asked her to go to the field. Therefore, she committed suicide by hanging.

920-BA-1532-24.odt 4.

The report has lodged and crime was registered the crime on the allegations of harassing and illtreating the deceased for demand of dowry. The applicant is languishing in jail for sufficient time.

5.

Admittedly, the incident happened within a year of marriage. However, circumstances raises the doubt about demand of dowry. Both parties are poor. No weapon is used. She hanged herself in the house. In view of the facts and circumstances of the case, the Court is of the view that the detention of the applicant would serve no purpose. Hence, the order:-

ORDER

i) The application is allowed.

ii) Applicant - Jijarao Ganpat Pathade be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He should not tamper with the prosecution witnesses. (b) He should attend the police station on written notice as and when called by the Investigating Officer, till filing the chargesheet.

( S. G. MEHARE ) JUDGE rrd