Deelip Narayan Shinde And Another v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 BAIL APPLICATION NO.2020 OF 2022

1. DEELIP NARAYAN SHINDE

2. SUNITABAI DEELIP SHINDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Rajendrraa Deshmukkh (Senior Counsel) i/b Mr. Deshmukh Devang R. a/w Mr. R. Jaiswal. APP for Respondent-State : Mr. K. S. Patil.

...

CORAM : S. G. MEHARE, J.

DATE : 09.02.2023 PER COURT :- 1.

Heard the learned senior counsel for the applicants and the learned APP for the respondent-State.

2.

The applicants are the in-laws of the deceased. Since the deceased died, the allegations of ill-treatment and disappointment on delivering a female child have been levelled against them. Allegations of beating by the husband have also been levelled. Since the deceased died within two (2) years of her marriage, the allegation of demand of dowry to purchase cruiser vehicle have also been levelled against the husband.

3. Learned APP would submit that the offence is apparently serious. The deceased died within two (2) years of her

marriage. The Post Mortem Report is not available. But, the Medical Officer of Government Hospital, Gangakhed has provided him the Histopathology report.

4.

Till the death of deceased, there were no complaints. The allegations emerged after her death. The post incident conduct of the applicant was not suspicious. They admitted, the deceased to hospital. The mother-in-law was present there with newly born child. The Histopathology Report reveals that the final cause of death due to "MYOCARDIAL ISCHAEMIA". This is a type of a heart deceased. There is nothing on record to show that the applicants assaulted the deceased in such a way that she may suffer injury to the heart. She may have already such a disease, but may be detected suddenly. There were no external injuries on the person of the deceased. 5.

For the above reasons, this Court is of the view that the allegations of demand of dowry and beating the deceased appears doubtful. The applicants deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant No.1 DEELIP NARAYAN SHINDE and

2. SUNITABAI DEELIP SHINDE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount each, in Crime No.251 of 2022, registered by Police Station Palam, District Parbhani, for the offences punishable under Sections 302, 304-B, 498-A, 323, 504, 506 read with Section 34 of the IPC, on the condition not to tamper with the prosecution witnesses.

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

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