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Cri. Bail Application No. 1593 / 2020
Samadhan Karbhari Dhavale..
Vs.
The State of Maharashtra
through P.I. Mhasrul P.Stn.
(Cr. No. I 265/2020)
..
Applicant/
Accused.
Respondent.
Order below Exh.1
1.
This application has been filed by the applicant/accused
under section 439 of Cr.P.C. for releasing him on regular bail in the
aforesaid Crime registered at Mhasrul Police Station for the offences
punishable under section 498A, 306, 323, 504 & 506 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 his daughter was married to
applicant/accused No.1 prior to 10 years.
He is running Panstall and
earning his livelihood. After marriage, she was treated well for 11/2
years. During this period, she could not conceive and so all the accused
persons including the applicant started harassing her mentally &
physically. Applicant used to beat her under the influence of liquor. There
was a demand of Rs.20,000/ for the marriage of her sisterinlaw. Her
father had given the said amount to the accused persons despite they
continued to harass her. They again made a demand of Rs.2 lacs for
purchase of a Flat. But her father could not fulfill their demand due to
financial constrains. On 12.10.2020, the complainant was informed that
his daughter committed suicide by hanging. The police were informed.
Her dead body was taken for post mortem. Her last rites were performed
and the matter was reported to the police.
Based on the report, the FIR/Crime was registered against the
applicant and coaccused.
The applicant/accused was arrested on
18.07.2020 and since then he is in custody.
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3.
The learned counsel Mr. U.R. Walzade appearing for the
applicant/accused has submitted that all the allegations are false. He has
submitted detailed arguments vide Exh.6 which is read and taken into
consideration while deciding the application. Hence, he prays to allow the
application.
4.
The Investigating Officer has filed his Say on record at Exh.5
and strongly opposed the application stating that the offence is serious in
nature. The applicant and other coaccused have abetted the commission
of suicide by the deceased. The investigation is in progress. If the applicant
is released on bail there is a possibility that he may threat the complainant
and tamper the prosecution witnesses/evidence. Hence, the IO prays for
rejection of the application.
The learned APP Smt. Bhide submitted that there are specific
allegations in the FIR against the present applicant that violence and
cruelty was meted out to the deceased right uptill the deceased committed
suicide. The Police apprehends that in case this application is allowed,
chances of threats issued to witnesses cannot be ruled out. Hence, she
prayed for rejection of the application.
5.
After hearing both the sides and perusing the record, it
appears that the applicant is husband of the deceased.
The marriage
tenure was 10 years and the deceased died unnatural death. There are
direct allegations about illtreatment and harassment on account of money
for purchase of a Flat and for the marriage of applicant’s sister. There are
allegations that applicant used to beat her under the influence of liquor
and had made her life miserable. As the investigation is not yet completed,
I am not inclined to grant bail to the applicant/accused at this stage.
Accordingly, the application is hereby rejected.
Sandhya
Sunil Nair
Date : 27.11.2020.
Digitally signed by
Sandhya Sunil Nair
Date: 2020.11.30
11:21:18 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge2, Nashik.