Allowed

Lalit Nivrutti Kale and Ors. v. the State of Maharashtra

Bombay HC13 Jul 2010APPA/734/2010

Case brief

AI extract

What is this about?

In the second bail application, the High Court observed that prima facie there is no concrete material indicating the applicant directly abetted the deceased's suicide, as other witnesses did not implicate him. Consequently, the petition was allowed.

What did the court decide?

The applicant was released on bail on execution of a prima facie bond in Rs. 5000/- with one or two sureties and condition to report to the police station once a month.

Lalit Nivrutti Kale and Ors. Vs the State of Maharashtra — Domestic Violence | Bombay HC (2010)

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Cri.Appln No. 734/2010

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 734 OF 2010
IN

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CRIMINAL APPEAL NO. 188 OF 2010

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Shri Lalit Nivrutti Kale...Applicant
vs.
The State of Maharashtra...Respondent

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Mr.A.P. Mundergi, Sr.Counsel i/b. Mr.S.K. Shinde for
the Applicant.

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Mrs.R.V. Newton, APP for the State.

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 CORAM : V.M. KANADE, J.

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 DATED : JULY 13, 2010

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P.C. :-

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1This is a second application for bail.

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First application for bail was not pressed. The

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applicant has been convicted for the offence

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punishable under Section 498A, 306 of the IPC and
sentenced to suffer RI for three years and 7 years

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Cri.Appln No. 734/2010

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respectively. The appeal against the said order of
conviction is admitted.

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2Shri Mundergi, learned Senior Counsel

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appearing on behalf of the applicant submitted that
the only allegation against the present applicant
who is brother-in-law of the deceased is that the

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applicant along with the sisters-in-law of the
deceased used to harass the deceased. The learned

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Senior Counsel invited my attention to the
statements of witnesses examined by the prosecution
and submitted that except this stray allegation
against the applicant, no particulars of harassment
by the applicant have been mentioned. None of the
other witnesses have alleged that the applicant was
responsible for or had abetted the suicide of the
deceased.

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the trial court and also the statements of witnesses

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Cri.Appln No. 734/2010

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recorded and the evidence of the witnesses. The

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complainant Bhaskar Thombare in his examination-in-
chief made a statement that the present applicant
along with the sisters-in-law had started ill-
treating her. A similar statement is made by the
mother of the deceased. It has come in evidence that

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the deceased committed suicide after there was
quarrel between the husband and wife and thereafter,
she left house at 3 p.m. and her dead body was found
in the well. Taking into consideration the evidence
which has come on record, prima facie there is no
concrete material to indicate that the present
applicant was directly responsible for abetting the
suicide of the deceased. The appeal is not likely to
come up for hearing for quite sometime. Hence, the
applicant deserves to be released on bail.

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4The applicant be released on bail on

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execution of P.R. Bond in the sum of Rs.5000/- with

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one or two sureties in the like amount. The

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Cri.Appln No. 734/2010

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applicant, however, shall report to the concerned

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police station once in a month.

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5Application is disposed of.

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(V.M. KANADE, J.)

Lalit Nivrutti Kale and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Lalit Nivrutti Kale and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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