Javed Khan Salim Khan @ Javed Salim Shaikh v. The State Of Maharashtra

2024:BHC-AUG:26402 936-BA-1824-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1824 OF 2024 JAVED KHAN SALIM KHAN @ JAVED SALIM SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rajendra G. Hange APP for Respondent : Mr. S. P. Sonpawale ...

CORAM : S. G. MEHARE, J.

DATE : 24-10-2024 PER COURT :- 1.

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

2.

The applicant/husband seeks bail in C.R.No.282 of 2023 registered with Shivajinagar Police Station, District Beed, for the offences punishable under Sections 306, 498A, 323, 504 and 506 of the Indian Penal Code.

3.

It is a case of illtreatment and harassment to the deceased wife for unlawful demand. The deceased consumed moping liquid and ended her life. Their marriage was ten years old. The applicant has children.

936-BA-1824-24.odt 4.

The learned counsel for the applicant submits that the applicant never harassed her for unlawful demand. He never illtreated her for unlawful demand. At the time of incident, he was not in the house. Nothing incriminating is recovered from him. He is languishing in jail since 27.05.2023. The chargesheet is filed. 5.

Considering the facts of the case and the submissions of the learned counsel for the applicant, whether the applicant has abetted the deceased to commit suicide, is a matter of appreciation of evidence. Nothing is recovered from him. He is languishing in jail for sufficient time. Hence, he deserves bail.

ORDER

i) The application is allowed.

ii) Applicant - Javed Khan Salim Khan @ Javed Salim Shaikh 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 trial on each and every effective date.

( S. G. MEHARE ) JUDGE rrd