Bombay High CourtBA/113/2016allowed

Baban S/O Parashram Kalsait v. State Of Maharashtra, Through P.S.O. P.S. Malegaon, Washim

2016-03-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba113.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.113/2016 Baban Parashram Kalsait ..Versus..

State of Maharashtra, through Police Station Officer, Police Station, Malegaon, Tah. Risod, Distt. Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 17.3.2016 Heard Shri S.D. Chande, advocate for the applicant and Shri S.B. Bissa, A.P.P. for the non-applicant.

The applicant is arrested on 1st August, 2015 in crime registered against him for the offence punishable under Section 498-A, 304-B, 306, 504, 323 and 34 of the Indian Penal Code. The accusations against the applicant are that he was continuously harassing and ill-treating the deceased (wife of the applicant) because of which the deceased committed suicide within two and half months of the marriage.

Though the application is opposed on the ground that the statements recorded during investigation show that applicant was

2 ba113.16 ill-treating the deceased, the charge-sheet is filed and the non-applicant has not been able to show that custody of applicant is required for further investigation therefore, in my view, the applicant is entitled to be released on bail.

Hence, the following order:

(i) The applicant having been arrested in Crime No125/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and one solvent surety in the like amount.

(ii) The applicant shall attend the sessions trial regularly. In default on the part of the applicant to attend the sessions trial on any date, without seeking exemption from the Sessions Court, this order shall stand recalled.

(ii) The application is allowed in the above terms. JUDGE Tambaskar.