Sameer Chandasab Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 296 OF 2025 Sameer Chandasab Shaikh ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ritesh Thobde a/w Mr. Darshan Singh Rajpurohit, Mr. Mervin Bardeskar, Mr. Changdev Shingade, Ms. Hansika Jadhav for the applicant Mr. S. N. Deshmukh APP for the State

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th SEPTEMBER 2025 IRESH MASHAL P.C.

by IRESH MASHAL Date:

2025.09.19 13:13:37 +0530 1.

By this application, applicant is seeking regular bail in Sessions Case No. 51 of 2024 pending before Sessions Court, Solapur arising out of Crime No. 696 of 2023 registered with Vijapur Naka Police Station, Solapur, District Solapur for offences punishable under Sections 306 r/w 34 of the Indian Penal Code and Section 66(E) of The Information Technology Act, 2000.

2.

It is the prosecution's case that from period 2019 onwards, applicant and co-accused harrassed physically and mentally to the daughter of the first informant on the ground that she had

refused to marry with the applicant. Due to the continuous physical and mental harassment by the applicant and co-accused, she has committed suicide.

3.

It is the contention of learned counsel for applicant that applicant is behind bar around two years. Investigation is completed and charge-sheet has been filed. Though charge is framed, there is no progress in trial. There is no suicide note by the deceased. So it cannot be said that she has committed suicide due to harassment by the applicant and co-accused. Hence, requested to allow the application.

4.

It is the contention of learned APP that deceased had refused to marry with the applicant. Due to that refusal, applicant and co-accused were harassing the deceased physically and mentally. The marriage of deceased was fixed with other person, but the applicant and co-accused sent obscene photographs of the deceased to the proposed groom. Hence, the said marriage was broken. Due to continuous physical and mental harassment by the applicant and coaccused, she has committed suicide. If applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused F.I.R. and documents produced on record. The deceased has not put any suicide note. Applicant is behind bar around two years. Investigation is completed and charge-sheet has been filed. Though charge is framed, there is no progress in trial. It may take time to conclude the trial. Applicant has no antecedents.

6.

Considering these facts, further detention of applicant is not required and I pass following order :

O R D E R

I.

Application is allowed.

II.

Applicant be enlarged on bail in Sessions Case No. 51 of 2024 pending before Sessions Court, Solapur arising out of Crime No. 696 of 2023 registered with Vijapur Naka Police Station, Solapur, District Solapur on executing P.R.Bond in the sum of Rs. 20,000/- with one or two sureties in the like amount. III.

Applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case.

IV.

Applicant shall attend the Trial Court dates, regularly. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)