MHNS010044982020
Order below Exh.1
in Cri. Bail Application No.1649/2020.
1
2
3
Khanderao Popat Kadale
Shobha Khanderao Kadale
Sonali Khanderao Kadale @
Sonali Sagar Ghorpade
Vs.
State
This is an application under section 439 of the Criminal
Procedure Code for grant of bail pending trial.
2.
Brief facts giving rise to this application can be narrated as
follows.
The applicants came to be arrested on 23.11.2020 in
Crime No.190/2020 for the offence punishable under sections 306,
498A, 323, 504, 506 r/w 34 of the Indian Penal Code registered with
Vani Police Station, Nashik on the accusation that accused No.1 being
husband of deceased Bharati Pankaj Kadale and accusedapplicants
being his relatives subjected her to cruelty and abetted the commission
of suicide.
3.
The applicants contend that they have not committed any
offence as alleged by the prosecution. There is nothing on record to
show their involvement in the commission of offence. They are behind
bar from the date of their arrest. Investigation is almost completed.
Nothing is to be recovered or discovered from them. Therefore, their
further detention is not necessary for the purpose of investigation.
They are having permanent place of abode and roots in the society.
They are ready to furnish the surety to the satisfaction of this Court
and also ready to abide by the conditions, if any, imposed by this
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Court. On these lines, they have prayed for bail pending trial.
4.
The respondent State filed its reply and interalia denied
all the adverse allegations made by the applicants and reiterated
prosecution case. There is primafacie sufficient material on record to
show the involvement of the applicants in the commission of the
offence.
If the accused are released on bail, they may hamper or
tamper with the prosecution witnesses. On these lines, respondent
State has prayed for rejection of the bail petition.
5.
Heard learned advocate Mr. Bhalerao appearing on behalf
of the applicants and learned A.P.P. Smt. Sangale. I have also perused
the investigation papers made available by the Investigating Officer as
well as the documents filed on behalf of informant and written notes
of arguments. It appears from the papers that the marriage between
the deceased Bharati Pankaj Kadale and accused No.1 solemnized on
15.07.2013. On 03.11.2020, the deceased had sustained burn injuries
and on 08.11.2020, she succumbed to the injuries. It further appears
from the documents that on the next day of incident i.e. on
04.11.2020, the statement of deceased was recorded wherein she did
not make any allegations against the applicants. Applicant Nos.1 and
2 are her inlaws whereas applicant No.3 is her married sisterinlaw.
Primafacie, it appears that applicant Nos.1 and 2 are residing at
Sontambe, Taluka Dindori and the deceased was residing at Tisgaon.
Primafacie, there is no material to show that the applicants had
intention that the deceased should commit suicide. Nothing is to be
recovered or discovered at the instance of applicants.
There is no
reason to believe that they have committed an offence punishable with
death or life imprisonment. The applicants are behind the bar from
the date of their arrest.
They are ready to cooperate in further
investigation and to furnish sufficient surety. They are also ready to
Cri. Bail Application No.1649/2020.
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abide by the conditions, if any, imposed by this court.
No useful
purpose will suffice by keeping them behind bar till filing of the
chargesheet or conclusion of the trial, when they are ready to furnish
surety and ready to abide by the conditions. Considering the aforesaid
facts, I am of the opinion that the applicants have made out case for
grant of bail on certain terms and conditions. With this, I proceed to
pass the following order.
ORDER
1
Application is hereby allowed.
2
Applicant Nos.1Khanderao Popat Kadale, 2Shobha Khanderao
Kadale and 3Sonali Khanderao Kadale @ Sonali Sagar
Ghorpade be enlarged on bail, in Crime No.190/2020 for the
offence punishable under sections 306, 498A, 323, 504, 506
r/w 34 of the Indian Penal Code registered with Vani Police
Station, Nashik, on furnishing personal bond of Rs.15,000/
each with surety each in like amount.
3
They shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as dissuade them for disclosing such facts to the Court or
to any police officer.
4
They shall not commit similar or any other offence and misuse
the liberty granted by this Court.
5
They shall furnish their address proof, identification proof and
mobile number, if any, and shall not change their residential
address without informing Investigating Officer.
Seema
Chandrakant
Jadhav
rd
03 December, 2020.
Digitally signed by Seema
Chandrakant Jadhav
Date: 2020.12.03
17:02:12 +0530
( Smt. S.C. Jadhav )
Additional Sessions Judge8,
Nashik.