Sandeep Ramesh Halor v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 BAIL APPLICATION NO.1999 OF 2022 SANDEEP RAMESH HALOR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Sawant Amol Shivajirao. APP for Respondent-State : Mr. S. P. Deshmukh. ...

CORAM : S. G. MEHARE, J.

DATE : 04.01.2023 PER COURT :- 1.

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

2.

The applicant is the brother of the deceased. She had affair with one boy. However, the family members were opposing. She got married to another boy. But, she did not cohabit with him and took a divorce. A day before the incident, the deceased was missing. Hence, the applicant along with his friends went to search her. Lastly, he received a phone call from one boy that the deceased was near one Ashram School of Indave village. So he went there and brought her on motorbike with his friend. Next day, she found hanged. Therefore, her cremation was done. The police got the

information that the applicant killed the deceased. Therefore, police recorded the confessional statement of the accused before the first informant and the crime was registered. Admittedly, there is no Post Mortem Report as the cremation was done before registering the crime.

3.

Perused the charge sheet. It seems that when the applicant brought the deceased from near one Ashram School of Indave village, the deceased did not resist. Subsequent to the incident, except the incriminating evidence like uttering the words from the mouth of the applicant that he would kill her, there is nothing against the applicant. The applicant failed to report the incident soon after the deceased hanged herself. This is the another circumstance against him. In view of the facts of the case, the Court is of the view that keeping the applicant behind bar would be unjust. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant SANDEEP RAMESH HALOR 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.140 of

2022, registered by Police Station Nizampur, District Dhule for the offences punishable under Sections 302, 201, 202 read with Section 34 of the IPC, on the condition not to tamper with the prosecution witnesses.

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

vmk/-