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Bombay High CourtBA/830/2021disposed off

Shaikh Irfan S/O. Shaikh Ajij v. The State Of Mah. Thr. Pso Ps Sonala, Tq. Sangrampur, Dist. Buldhana

2021-08-18Hon'Ble Shri Justice Rohit Baban Deo3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 830 OF 2021 (Shaikh Irfan s/o. Shaikh Ajij..vs..State, thr PSO, PS Sonala, Tq. Sangrampur, Dist. Buldana) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Mr. A.B. Mirza, counsel for applicant.

Mr. M.K. Pathan, APP for non-applicant/State. CORAM: ROHIT B. DEO, J.

DATE:18.08.2021.

Heard.

2.

The wife of the applicant unfortunately committed suicide on 10.4.2021.

3.

On the basis of report lodged by the mother of the deceased, the applicant, his mother and one Shahistabi are implicated in the crime.

4.

The allegation is that the deceased was subjected to cruelty with the intent to pressurize her to bring dowry and for certain other reasons.

5.

The investigation is complete and the

chargesheet is filed.

6.

The mother of the applicant is released on bail by this Court. Even according to the informant, on the fateful day, it was the applicant, who called her and conveyed that there was a serious quarrel ongoing between the deceased and his mother. Certain witnesses have also stated that as a fact it was the applicant, who expressed frustration at the constant bickerings between his wife and the mother and declared his intent to commit suicide and he was dissuaded from taking the extreme step. The applicant is not a flight risk and has no criminal antecedents.

7.

In this view of the matter, the applicant is entitled to bail on the factual matrix and also on the principle of parity.

8.

The applicant be released on bail in connection with Crime 67/2021, registered with Police Station, Sonala, Tq. Sangrampur, District Buldhana, under Sections 498A, 306, 109 read with section 34 of the I.P.C., on executing PR

bond of Rs. 15,000/- (Rupees Fifteen Thousand) with one solvent surety of the like amount.

9.

The applicant shall, within 48 hrs of release from custody, furnish the current address, cell number/s and any other relevant details by placing on record of the jurisdictional Court an appropriate praecipe and shall scrupulously update this information in case of any change. 10.

The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence.

11.

The applicant shall not leave the country without the permission of the trial Court.

Judge Belkhede