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Cri. Bail Application No. 1237 / 2020
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2.
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Anil Padmakar Gavali
Padmakar Baburao Gavali
Sau. Vijaya Padmakar Gavali
Vs.
The State of Maharashtra
through PI Mhasrul P.Stn.
(Cr. No. I 214/2020)
..

Applicants/
Accused.

..

Respondent.

Order below Exh.1
1.

This application has been filed by the applicants/accused
under section 439 of Cr.P.C. for releasing them on bail in Crime No.I
214/2020 registered at Mhasrul Police Station for the offences punishable
under section 306, 498­A, 323 & 504 r/w.sec. 34 of the Indian Penal Code.
2.

According to the prosecution case, the FIR was lodged by the
father of the deceased alleging therein that her daughter was married to
applicant No.1 on 13.02.2013. Out of the said wedlock, she has given birth
to a boy, who is at present 5 years old. He further alleges that after
marriage she was treated well for couple of months. Thereafter, all the
applicants started harassing her physically & mentally on account of trifle
matters. She was harassed for not preparing food well, for not honouring
the applicants at the time of marriage and also for not giving
dowry.

The deceased informed all her pains & sufferings to her parents and
relatives from time to time. She was consoled by her parents every time.
The applicant No.1 was addicted to liquor and under its influence, he used
to abuse and beat her mercilessly.

Fed up with the harassment, she
decided to end her life. On 17.06.2020, she committed suicide by
consuming poison. She was admitted in Synergy Hospital but was declared
dead. On the next day, report came to be lodged in Mhasrul Police Station.
Based of his statement, the applicants/accused were arrested on
18.07.2020 and since then they are in custody.

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3.

The learned counsel Mr. U.R. Walzade appearing for the
applicants/accused has submitted that the deceased was staying with the
applicant No.1 happily. After the wedlock, she had given birth to a child.
There was congenial atmosphere in the house. She was allowed to go for
higher studies. She has taken admission in KTHM College, Nashik. The
deceased never made any kind of complaint regarding ill­treatment or
demand by the applicants. The charge­sheet is already filed by the Police
and there is no incriminating evidence against the applicants showing
that the applicants were responsible and had abetted the commission of
her suicide. There was no suicide note left by the deceased. He further
says that as per the prosecution case, she was mercilessly beaten by them
on the day of incident but if Post Mortem report is seen, no injuries were
found on her body. Only grievance was that she was willing to stay
separately from her in­laws and this was the wish which applicant No.1
could not be fulfilled. So she was little upset. The learned counsel further
says that the relationship of the applicants with the family members of the
deceased were also cordial because the applicants have extended financial
help to her parents for construction of the house. So there was no reason
for this applicants to harass the deceased. Further, applicants are in
custody since 2 months, their further detention would amount to pre­trial
conviction. They are ready to abide by all the terms & conditions. Hence,
he prays to allow their application.
4.

The Investigating Officer has filed his detail Say on record at
Exh.5 and strongly opposed the application stating that all the applicants
in collusion with each other harassed the deceased, mentally & physically
and she was forced to take an extreme step.

The applicants are educated
persons and so there is every possibility that they may tamper the
prosecution witnesses. They are influential people and sufficient evidence
was collected by the police to show their involvement in the crime.

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Hence, he prays for rejection of the application. The learned APP Shri.
S.G. Kapse submitted his objections in line with the say filed by the
Investigating Officer.
5.

After hearing both the sides and perusing the record, it
appears that the applicants are in the custody for almost two months. The
charge­sheet is already filed. So there is no question of tampering the
prosecution witnesses. The deceased died when she was in the custody of
the applicants. No doubt that they are answerable. Now whether they have
abetted the commission of suicide of deceased, whether she was subjected
to cruelty all
facts are to be decided on merits. So,considering the
Pandemic situation in the country and that their detention would amount
to pre­trial detention, I am inclined to grant bail to the applicants/accused.
With this I proceed to pass following order. :
ORDER
1.

Application is hereby allowed.

2.

Applicants/accused Nos.1 to 3 –Anil Padmakar Gavali,
Padmakar Baburao Gavali and Sau. Vijaya Padmakar
Gavali, shall be released on bail on furnishing their
P.R.bond of Rs.20,000/­ with one or more sureties in
the like amount on the following conditions. :­
They shall ­
not act in manner injurious to the interest of the
prosecution.
maintain law and order.
furnish the address of their residence, copy of Pan
and Adhar card at the time of execution of bond and
shall not change the residence without prior permission
of this Court.
If the applicants commit breach of any of the above
conditions, the bail granted to them shall be liable to be
cancelled.
Accordingly, the application is disposed off.

(a)
(b)
(c)
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Sandhya
Sunil Nair
Date : 23.09.2020.

Digitally signed by
Sandhya Sunil Nair
Date: 2020.09.24
14:47:40 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge­2, Nashik.

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