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Bombay High CourtBA/243/2025disposed off

Pratapsinha Dattatraya Pawar v. The State Of Maharashtra

2025-09-10Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 243 OF 2025 Pratapsinha Dattatraya Pawar ...Applicant

Versus

The State of Maharashtra

...Respondent

_______ Mr. Jaydeep D. Mane, for Applicant.

Ms. P. S. Rane, APP for the Respondent-State. _______

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

10th SEPTEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.664 of 2024 registered with Mohol Police Station, District Solapur for the offences punishable under Sections 80, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS"). 2.

It is prosecution's case that the deceased was wife of applicant. The applicant and co-accused tortured her for bringing cash amount and gold ornaments from her parents. Due to continuous physical and mental harassment by the applicant and coaccused, the deceased has committed suicide by hanging. 3.

It is contention of learned counsel for applicant that Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.09.12 11:37:51 +0530 SAJAKALI LIYAKAT JAMADAR applicant is behind bar around one year. Investigation is completed

and charge-sheet has been filed. To prove the allegations against the applicant, evidence is required. The co-accused has been released on bail. Hence, requested to allow the application. 4.

It is contention of learned A.P.P. that the charges of dowry death have been levelled against the applicant and co-accused. The applicant harassed the deceased to bring gold ornaments from her parents. Due to continuous harassment of applicant and co-accused, the deceased has committed suicide. There was active involvement of the applicant in the commission of crime. 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 counsels, perused the FIR and documents produced on record. The applicant is behind bar around one year. Investigation is completed and charge-sheet has been filed. To prove the allegations against the applicant, evidence is required. Considering these facts, his further detention is not required. 6.

In view of the above, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.664 of 2024 registered with Mohol Police Station, District Solapur, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the witnesses or any person concerned with the case. 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.)