Single judge granted bail to the applicant accused in a_CMD case where the victim allegedly committed suicide. The court imposed conditions on releasing the accused after noting he is a father and custody of the child exists.
Applicant released on furnishing PR bond and surety of Rs. 15,000/
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Cri.Appln.No.415/2011
1. FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.415/2011 (Bhalchandra Prabhu Mohite Vs. The State of Mah.)
Office notes, office Memoranda of
Coram,appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders.
Mrs.SS Jadhav, Adv. for applicant; Mr.VH Dighe, APP for State.
CORAM: K.U.CHANDIWAL,J.
DATE :21st February, 2011.
1) Heard.
2) Theaccused/applicantmarriedto
deceased in the year 2003. Out of
wedlock, they were blessed with two
children, presently allegedly to be
maintained by brother of the applicant
owing to his custody from 9.9.2010.
3) Learned APP objects to entertaining the
bail application, pointing that one of
the neighbours – Gajarabai implicated
the applicant for a brawl between the
couple at occasions.
4) On the day of incident dated 7th
September, 2009, the victim was alone;
nothing to demonstrate that preceding
the day or at the time of such act of
committing suicide, there was any
instigation, any nagging or any
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Cri.Appln.No.415/2011
harassment from the applicant on
fidelity of the wife. Out of
frustration, probably, she has ensured
her end by immolation. However,
further custody of the applicant/accused
not warranted, as charge sheet is filed
and no question of interfering with
investigation, including influencing the
witnesses. Hence, order.
5) The applicant/accused -Bhalchandra s/o Prabhu Mohite be released on furnishing PR bond and surety in the sum of Rs. 15,000/- (Rupees fifteen thousand).6) The applicant/accused, after release, shall not influence the witnesses; shall attend the court proceedings regularly.7) Criminal Application disposed of as above.(K.U.CHANDIWAL) JUDGE
bdv/
1 issue framed by the court
Whether bail should be granted to the accused-applicant in the facts and circumstances of the case.
Bhalchandra Prabhu Mohite
The State of Mah.
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court