Lata Navnath Halwar and Ors Vs State of Maharashtra Nashik Sessions Court BA 786 of 2022

CNR
MHNS010031342022
Order below Exh.1
in Cri. Bail Application No.786/2022.
( Lata Navnath Halwar and others Vs State)
This application is moved by the applicants­accused No.1.
Lata Navnath Halwar, No.2 Mahadu Murlidhar Pawle, No.3 Nivrutti
Mahadu Pawle and No.4 Changdev Mahadu Pawle under section 439
of the Criminal Procedure Code for grant of bail in connection with CR
No.134/2022 registered with Wavi Police Station, Tal. Sinnar, Dist.
Nashik for the offence under section 306 r/w sec. 34 of the Indian
Penal Code on 17.6.2022 in respect of alleged incident of suicidal
death of victim Navnath Patilba Halwar.
2.

It is stated in the application that the applicant­accused are
wife, father­in­law and brother­in­laws of the deceased Navnath Patilba
Halwar who committed suicide on 9.6.2022 by hanging himself to the
ceiling of the house and left a suicide note wherein the names of
present applicants­accused are mentioned. The accused are arrested on
17.6.2022 and were produced before the learned JMFC, Sinnar and
were granted Judicial custody and since then they are in Judicial
Custody and hence, present bail application is moved stating that they
have not committed the offence as alleged. They have been falsely
implicated in present case. The basic ingredients of section 306 of IPC
are missing. They are local residents and their antecedents are clean.
They will not misused the liberty granted to them and will abide
conditions that may be laid down by this Court, these and other
grounds set in the application, they prayed for bail.
3.

The prosecution objected the bail application.

I.O. has
filed his report and submitted the relevant papers of the investigation
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done till this date.
4.

Heard, both the parties. Perused record.

5.

On perusal of the record it appears the relations between
the parties were strained. On 7.6.2022 i.e. prior to the two days of the
incident a quarrel took place between both the parties, therefore, the
accused Lata and Mahadu had taken medical treatment with the Rural
Hospital, Dodi Br, wherein assault by husband and hair snatching by
husband is mentioned in the MLC of Lata Halwar. History of assault by
relatives wound over forehead and would over left hand is mentioned
in the MLC of Mahadu Pavle. Thus, there is a background to the said
incident of suicide. The I.O. is present and submitted that the children
of accused No.1 Lata and deceased at present with her mother. They
were residing adjacent to each other. The relationship between
husband and wife were strained and they used to quarrel with each on
various occasion and therefore, due to the misbehaviour and physical
torture committed by the present applicants­accused the suicide has
been committed by the deceased.
6.

Thus, from the record it appears that as the relationship
between the parties were strained, particularly the husband and wife
and the quarrelled with each other and physical assault by the
deceased two days prior to the incident of suicide is revealed from the
police papers. However, the fact remains that the police have
completed substantial investigation in the matter. Statement of
witnesses were recorded. So far as examination of suicide note by the
Expert is concerned it will take time and no purpose will be served by
keeping the accused behind the bar. The first informant, who is father
of deceased is resident of Kolpewadi, Tal. Kopargaon, Dist.

Cri. Bail Application No.786/2022.
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Ahemdnagar, which is 10 to 15 KM from Maldhone Tal, Sinnar, Dist.
Nashik. i.e. the resident of the applicants­accused, necessary conditions
can be imposed so that the applicants­accused may not pressurized the
prosecution witnesses. Hence, I am inclined to grant bail application,
following order is passed.
ORDER
1.

Application is allowed.

2.

Applicants­accused No.1. Lata Navnath Halwar, No.2 Mahadu
Murlidhar Pawle, No.3 Nivrutti Mahadu Pawle and No.4
Changdev Mahadu Pawle, in connection with CR No.134/2022
registered with Wavi Police Station, Tal. Sinnar, Dist. Nashik
for the offence under section 306 r/w sec. 34 of the Indian
Penal Code on 17.6.2022, be released on bail on executing
bond of Rs.15,000/­ each with surety in like amount.
3.

They shall not abscond or tamper with the witnesses.

4.

They shall furnish their address proof aadhar card of his two
near relatives alongwith mobile numbers.

5.

They shall attend the Wavi Police station every Monday in
between 11.00 a.m. to 2.00 p.m. till filing of the charge­sheet.

6.

In the event of breach of any of the conditions, their bail
bonds shall be liable to be cancelled.

7.

Bail in lower Court.

Date­02.07.2022
SHINDE
MADHAV
A
Digitally signed
by SHINDE
MADHAV A
Date: 2022.07.02
17:39:40 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.

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