Ramsing Kalyamsingh Dhaniwale And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1352 OF 2025
1. Ramsing Kalyamsingh Dhaniwale
2. Santosh Ramsing Dhaniwale ...Applicants
Versus
The State of Maharashtra
...Respondents
_______ Mr. Jaydeep Mane for the Applicants.
Mr. P. P. Deokar, APP for the Respondent-State. Mr. Hrishikesh S. Shinde for Intervenor/Informant. _______
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
21st AUGUST 2025 P.C.
1.
By this application, Applicants are seeking regular bail in Crime No.794 of 2023 registered with Sadar Bazar Police Station, District Solapur for the offences punishable under Sections 306, 504, 506 read with Section 34 of the Indian Penal Code (for short "IPC"). 2.
It is prosecution's case that on 18th December 2023, the daughter of first informant has committed suicide. It is alleged that the dispute is going on between the first informant's family and Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.08.21 19:20:39 +0530 SAJAKALI LIYAKAT JAMADAR
family of the applicants and due to threat of applicants and coaccused, she has committed suicide. 3.
It is contention of learned counsel for applicants that applicants have been falsely implicated in this case. The suicide note was found with the deceased. In the said suicide note, there is no reference about atrocities made by the applicants and co-accused. Applicants are behind bar for more than nine months. Investigation is completed, charge-sheet has been filed. Hence, requested to allow the application.
4.
It is contention of learned A.P.P. along with learned counsel for Respondent No.2 that dispute is going on between first informant's family and the applicants' family. The deceased had filed complaint against applicants and the co-accused under the provisions of the Protection of Children from Sexual Offences Act, 2012 and Section 307 of the IPC and the said case is pending. The applicants and co-accused were threatening the deceased to withdraw the said complaint. Due to continuous threats of applicants and co-accused, the deceased had committed suicide. If applicants released on bail, they may threaten prosecution witnesses. Hence, requested to reject the application.
5.
I have heard all learned counsels, perused the FIR and documents produced on record.
6.
To prove that the deceased had committed suicide due to threat of applicants and co-accused, evidence is required. In the suicide note found with the dead body of the deceased, there is no mentioned about the names of applicants. Applicants are behind bar for more than nine months. Investigation is completed, charge-sheet has been filed. Considering these facts, further detention of the applicants is not required.
7.
In view of the above, I pass the following order :
ORDER
(i) Application is allowed;
(ii) The Applicants be enlarged on bail in Crime No.794 of 2023 registered with Sadar Bazar Police Station, District Solapur, on executing P.R.Bond in the sum of Rs.30,000/- each with one or two sureties in the like amount.
(iii) The Applicants shall not tamper with the evidence or attempt to influence or contact the first informant and his family members or any person concerned with the case.
8.
The application is allowed in the aforesaid terms and is accordingly disposed off.
9.
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.
10.
All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)