MHNS010046622020 Order below Exh.1 in Cri. Bail Application No.1700/2020.

{ Sunil Chintaman Mohite 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 applicant came to be arrested on 18.11.2020 in Crime No. 73/2020 for the offence punishable under sections 306, 504 r/w 34 of the Indian Penal Code registered with Abhona Police Station, Nashik on accusation that on 17.11.2020, deceased Shaila Sunil Mohite committed suicide by hanging herself and the accused and co­accused abetted commission of suicide.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. He has no concern whatsoever in the alleged offence. He is behind bar from the date of his arrest.

Investigation is almost completed. Nothing is to be recovered or discovered from him. Co­accused are already released on bail.

Therefore, his further detention is not necessary for the purpose of investigation. He is having permanent place of abode and roots in the society. He is ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, he has prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicant in the commission of the offence. If the accused is released on bail, he 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. Patil appearing on behalf of the applicant and learned A.P.P. Mr. Nikam. I have also perused the investigation papers made available by the Investigating Officer.

Prima­facie, it is seen from the recitals of FIR that no specific incident of abettment has been quoted by the informant. There is nothing on record to show that the applicant did all these things with intention that deceased should commit suicide. Moreover, the offences charged are not punishable with death or life imprisonment. Nothing is to be recovered or discovered at the instance of applicant­accused. Coaccused are already released on bail. The applicant is behind the bar from the date of his arrest. He is ready to co­operate in further investigation and to furnish sufficient surety. He is also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping him behind bar till filing of the charge­sheet or conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicant has made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 Applicant­Sunil Chintaman Mohite be enlarged on bail, in Crime No.73/2020 for the offence punishable under sections 306, 504 r/w 34 of the Indian Penal Code registered with Abhona Police Station, Nashik, on furnishing personal bond of Rs.30,000/­ with one or two sureties in like amount.

3 He 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 He shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.14 Jadhav 16:57:02 +0530 ( Smt. S.C. Jadhav ) 14th December, 2020. Additional Sessions Judge­8, Nashik.