Vipin S/O Suryabhan Ganar v. State Of Mah., Thr. Pso P S Beltarodi Dist Nagpur

ba1011.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1011 OF 2019 Vipin s/o Suryabhan Ganar .Vs. State of Maharashtra,through P.S.O, P.S. Beltarodi, Nagpur.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. D.G. Patil, Advocate for applicant.

Mr. S.M Ghodeswar, A.P.P. for non applicant- State. CORAM : V. M. DESHPANDE, J.

DATED : NOVEMBER 20, 2019 Heard Mr. Patil, learned counsel for the applicant and Mr. Ghodeswar, learned Additional Public Prosecutor for the non applicant-State. Also perused the reply filed on behalf of the prosecution agency.

The applicant is arrested on 28.09.2019 in connection with Crime No.272/2019 registered with Police Station, Beltarodi, Nagpur for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code. Though this application for regular bail is opposed on the ground that investigation is in progress, learned Additional Public Prosecutor fairly submits that the investigation is almost over and only formality of filing of charge-sheet is remained to be done.

Deceased is Pooja. Her marriage was performed on 02.05.2019 and she committed suicide on 21.09.2019 by hanging herself in her matrimonial house.

The report was lodged on 28.09.2019 by Damodhar Lingayat, father of the deceased. There is no

ba1011.19.odt plausible explanation at least at this stage to show as to why the report was lodged belatedly.

Nature of the accusations made in the report clearly show that not only they are general in nature but also it appears that there used to be some dispute between the husband and wife. It is not the case of the first informant that at any point of time there was any type of demand from the applicant and on non-fulfillment of such demand the deceased was subjected to any ill treatment.

Since the investigation is over, in my view, further custodial presence of the present applicant is not required. Resultantly, I pass following order:

ORDER

(i) The application is allowed.

(ii) Applicant - Vipin s/o Suryabhan Ganar be released on bail in connection with Crime No.272/2019 registered with Police Station, Beltarodi, Nagpur for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code, on he executing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount. (iii) The applicant is directed to attend Police Station, Beltarodi, Nagpur as and when called by the investigating officer. However, for that the investigating officer shall give clear cut two days written communication to the applicant, till filing of the charge-sheet.

The application is disposed of.

JUDGE srwagh