Allowed

Sainath Vishwanath Rokade and Anr. v. the State of Mah

Bombay HC27 Sept 2012APPLN/3137/2012

Case brief

AI extract

What is this about?

Applicants, husband and mother-in-law of a deceased woman facing charges of murder and cruelty under IPC, applied for bail. The High Court, considering the nature of the accusation and the time required for trial, granted bail upon execution of bond and furnishing surety.

What did the court decide?

Release on bail conditional upon execution of a personal bond of Rs. 20,000 by each applicant and furnishing equivalent surety.

Sainath Vishwanath Rokade and Anr. Vs the State of Mah — Bail and Remand | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.3137 OF 2012

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1] Sainath s/o. Vishwanath Rokade 2] Smt. Babanbai Vishwanath Rokde ..Applicants

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Versus The State of Maharashtra ..Respondent

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Mr.A.S.Kale, advocate for applicants.

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Mr.P.P.More, APP for respondent State.

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CORAM : M.T.JOSHI, J.

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DATED : SEPTEMBER 27, 2012.

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P.C. :

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Heard both sides.

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2] Present applicants who are husband and mother-in-law, respectively, of deceased Chhaya Sainath Rokade, are praying for their release on bail in connection with Crime No.I-80 of 2012 registered at Shrirampur City Police Station, Tq.Shrirampur, Dist.Ahmednagar for offence punishable under Sections 498-A, 302 read with 34 of Indian Penal Code.

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3] Deceased Chhaya, on the day of receiving burn injuries i.e. on 3rd March, 2012, had made a statement that she suffered burn injuries accidentally due to bursting of stove. On 4th March, 2012, she made another statement before the Police wherein, she alleged that over a suspicion of her character, she was always illtreated by applicant no.1 and in the situation, on 3rd March, 2012, she was set on fire in the home by the present applicants.

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4] Learned counsel for the applicants submits that in fact, the applicants are falsely involved in the offence. Investigation is complete and hence, applicants be released on bail.

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5] Learned APP opposes the application. He submits that the allegations are that by suspecting character of the deceased, present applicants have, in fact, murdered the deceased. Considering the seriousness of offence, the applicants be not released on bail.

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6] The applicants were arrested on 4th March, 2012. Now, charge sheet is filed. Taking into consideration overall material and the arguments advanced by learned counsel for the applicants, in my view, there is no necessity to keep the applicants in jail awaiting the trial, which may take its own time.

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7] In the circumstances, following order :-

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A] Applicants be released on bail in connection with Crime No.I-80/2012 registered at Shrirampur City Police Station, Tq.Shrirampur, Dist.Ahmednagar, upon executing P.R. Bond of Rs.20,000/- by each and also upon furnishing surety in the like amount by each.

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B] Humdast allowed.

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[M.T.JOSHI, J.]

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kbp

Sainath Vishwanath Rokade and Anr. v. the State of Mah

Case brief

What is this about?

What did the court decide?

Sainath Vishwanath Rokade and Anr. v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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