← Library
Bombay High CourtBA/1964/2022application allowed

Dhananjay Vasant Dongre v. The State Of Maharashtra

2022-12-15Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 BAIL APPLICATION NO.1964 OF 2022 DHANANJAY VASANT DONGRE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. M. S. Karad h/f Mr. Thombre S. S. APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 15.12.2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is the husband of deceased. He had love marriage with the deceased. It has been alleged that after the marriage, the applicant was asking the deceased to free him, as he intended to perform second marriage. She did not agree, so she was ill-treated. Since she had love marriage with the applicant, she had no contact with her family. However, when she was ill-treated, she informed her parents and brother the same allegations. The deceased was B.H.M.S. She injected herself high quantity of insulin. Since high quantity of insulin was injected, she died on 09.08.2022.

3. Learned counsel for the applicant would submit that the allegations were false and baseless. He never ill-treated the deceased. She was not willing to cohabit with the applicant. He was convincing her to live peaceful life. She used to be adamant. The applicant has no concern with her suicide. Being a Doctor, she was knowing the medications. She has injected the huge quantity of insulin at her own and died. 4.

Learned APP opposed the application. He would submit that the deceased has lodged the complaints against the applicant for ill-treatment. The offence is serious. A suicide note has also been recovered, in which she alleged against the applicant.

5.

Perused the papers. Whether the contents of the suicide note constitute an offence of abetting the deceased to commit suicide is a matter of appreciation of evidence. The investigation has been completed. The applicant is languishing in jail for sufficient time. The witnesses are resident of another place. Therefore, it would not be appropriate to keep the applicant behind bars. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant DHANANJAY VASANT DONGRE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.267 of 2022, registered by Police Station Satara, District Aurangabad, for the offences punishable under Sections 306, 498-A, 323, 506 read with Section 34 of the IPC, on the condition not tamper with the prosecution witnesses.

(S. G. MEHARE, J.) ...

vmk/-