Sagar Shivdas Tadvi v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4296 OF 2024 Sagar Shivdas Tadvi ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Akshay Bankapur, Advocate for the Applicant. Mrs. P. S. Rane, A.P.P. for the Respondent - State. Mr. Sachin Chavan (P.S.I.), Panchavati Police Station, Nashik, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
16th APRIL, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 37 of 2024 registered at Panchavati Police Station, District : Nashik for the offences punishable under Sections 302, 201 r/w Section 34 of Indian Penal Code.
3.
According to the prosecution, the deceased and the present applicant were in love relationship. It is alleged that Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.05.27 12:39:08 +0530 SAJAKALI LIYAKAT JAMADAR
on 19.01.2024 she came to house of the applicant. It is alleged that on the date of incident which took place on 23.01.2024 while the deceased was at the house of the applicant, he saw that deceased was chatting with someone on Whats-App. It is alleged that applicant got annoyed and committed her murder by strangulating her.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. The learned counsel for the applicant submits that even otherwise cause of death is due to hanging and therefore possibility of suicide cannot be ruled out.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that considering the cause of death opinion of the Medical Officer was sought and he has opined that it was homicidal hanging. It is submitted that considering the nature of offence, the applicant may not be released on bail.
7.
Prima facie there appears to be substance in the submission of the learned counsel for the applicant. In absence of Panchanama of the place, where the deceased was allegedly strangulated, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 37 of 2024 registered at Panchavati Police Station, District : Nashik for the offences punishable under Sections 302, 201 r/w Section 34 of Indian Penal Code on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)