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Bombay High CourtBA/873/2025allowed

Savata Sukdeo Mali And ORS v. The State Of Maharashtra

2025-03-17Hon'Ble Shri Justice N. R. Borkar2 pages

5-ba-873-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 873 OF 2025

1. Savata Sukdeo Mali

2. Sachin Savata Mali

3. Rohit Sanjay Mistry ...Applicants

VERSUS

The State of Maharashtra

...Respondent

....

Mr. Nitin Chaudhari, , Advocate for the Applicant. Mr. S. V. Walve, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

17.03.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicants came to be arrested in Crime No. 75 of 2025 registered at Malegaon Taluka Police Station, Dist-Nashik for the offences punishable under Sections 108, 3(5), 189(2) & 191(1) of the Bharatiya Nyaya Sanhita, 2023.

3.

The allegations against the applicants are of abetment of suicide. According to the prosecution, on 01.02.2025 at about 08:00 p.m. the deceased was returning home on motorcycle. At that time he accidentally hit the wife of applicant No.1. It is alleged that thus the present applicants and other co-accused assaulted the deceased and told him to pay the amount of Pramod S.Lakare

5-ba-873-2025.doc medical treatment. It is alleged that as the deceased refused to pay the said amount they snatched his motorcycle and mobile phones. It is further alleged that they told him to bring the amount of medical expenses by next day or else they would come to his village and would kill him. It is alleged that due to the said act of the applicants and other co-accused on 02.02.2025 the deceased committed suicide by hanging himself. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 5.

Prima-facie, from the facts and circumstances of the case, it is difficult to infer that the act of the applicants was of such a nature that the deceased had no option except to commit suicide. In that view of the matter, I am inclined to release the applicants on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicants be released on bail in Crime No. 75 of 2025 registered at Malegaon Taluka Police Station, Dist-Nashik for the offences punishable under Sections 108, 3(5), 189(2) & 191(1) of the Bharatiya Nyaya Sanhita, 2023 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.

7.

Application stands disposed of accordingly.

(N. R. BORKAR, J.) Pramod S.Lakare