Snehal Somnath Wagh v. The State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1173 OF 2024 Snehal Somnath Wagh ..Applicant

Versus

The State of Maharashtra ..Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1182 OF 2024 Ranjana Somnath Wagh ..Applicant

Versus

The State of Maharashtra ..Respondent _____ Mr. Kuldeep S. Patil a/w. Rohin. R. Chauhan i/b. Saili Dhuru for Applicants in both ABAs.

Mr. Nitin B. Patil, APP for State/Respondent. _____ CORAM :- SARANG V. KOTWAL, J.

DATE :- 3 MAY 2024 P.C. :- 1.

Both these applications are decided by this common order as they arise out of the same registered offence. 2.

The Applicants are seeking anticipatory bail in connection with C.R.No.15 of 2024 registered at Khadakwasla Police Station, Pune city, on 26.02.2024, under Sections 302, 498Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.05.04 12:11:07 +0530 VINOD BHASKAR GOKHALE

A and 109 r/w. 34 of the Indian Penal Code.

3.

Heard Mr. Kuldeep S. Patil, learned counsel for the applicants and Mr. Nitin Patil, learned APP for the State. 4.

The F.I.R. is lodged by one Tarabai Ilag. She has stated that her younger daughter Suvarna was married to Somnath Wagh. The present applicant Ranjana is the first wife of Somnath and the applicant Snehal is their daughter. It is alleged that, Somnath told the informant that he wanted a son and the applicant Suvarna was not able to give him a son and, therefore, he wanted to marry the informant's daughter Suvarna. After marriage, Somnath and Suvarna had one daughter and one son. It is alleged that Suvarna used to tell the informant telephonically that, both these applicants used to instigate Somnath and he used to abuse and beat her. The applicants used to harass her. On one occasion, Somnath assaulted her brutally after disrobing her. In short, Somnath was treating her with cruelty. 5.

On 25.02.2024, both of them died i.e. Somnath and Suvarna died in suspicious circumstances. As of today, the

prosecution case is that both of them had gone for a walk. Somnath assaulted Suvarna with a stone on her head causing her death and then he committed suicide by hanging himself. Their dead bodies were noticed by others and then police were informed. On this basis the F.I.R. was lodged. 6.

Learned counsel for the applicants submitted that, there is absolutely no material against the present applicants in respect of the main offence of murder and the alleged suicide committed by Somnath.

7.

Learned APP submitted that the investigation is in very initial stage. As of today, it is not possible to reach a definite conclusion. He submitted that, more investigation is necessary to find out what exactly had happened. Even postmortem notes are awaited. Learned APP produced the investigation papers before the Court.

8.

I have considered these submissions. The statements of children of Suvarna and Somnath are recorded. They have not supported the prosecution case. Apart from that, there are

statements of two witnesses who have indicated that Somnath might be suspecting Suvarna's character which had resulted in this incident. Thus, as of today, sufficient doubt is created about the applicants' involvement in the offence. However, the investigating agency needs sufficient opportunity to consider all the aspects of this matter. Therefore, as of today, instead of disposing of these applications, ad-interim relief can be granted to the applicants till the next date with directions to co-operate with the investigation. 9.

Hence, the following order.

O R D E R

i) In the event of their arrest in connection with C.R.No.15 of 2024 registered at Khadakwasla Police Station, Pune city, till the next date, the Applicants are directed to be released on bail on their executing P. R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount. ii) This order shall operate till 28/06/2024. iii) The Applicants shall attend the concerned Police Station from 20/05/2024 to 22/05/2024

between 1.00p.m. to 5.00p.m. and thereafter as and when called and shall cooperate with the investigation.

iv) Stand over to 28/06/2024.

(SARANG V. KOTWAL, J.)