Allowed

Sachin Yeshwant Sonawane v. the State of Maharashtra

Bombay HC27 Nov 2012BA/1768/2012

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a case involving burn injuries to his wife. Despite a dying declaration implicating him, the inquiry into the circumstances of the conflicting statements was deemed fit for a discharge order.

What did the court decide?

The applicant is released on bail in Rs.30,000/- with one surety or two sureties in Rs.15,000/- each, conditioned to make himself available for investigation.

Sachin Yeshwant Sonawane Vs the State of Maharashtra — Bail and Remand | Bombay HC (2012)

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1/2 (24)BA.1768-12

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Tilak

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1768 of 2012

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Sachin Yeshwant Sonawane	...	Applicant
versus
The State of Maharashtra	...	Respondent

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Mr.Vijay C. Desai, Advocate for the applicant. Ms.V.S.Mhaispurkar, APP for the State.

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CORAM : ABHAY M. THIPSAY, J.

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DATED : November 27, 2012

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P.C.

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1 Heard Mr.Vijay Desai, learned advocate for the applicant. Heard Ms.Mhaispurkar, learned APP for the State.

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2 I have gone through the say filed by the Investigating Agency addressed to the Public Prosecutor, copy of which has been made available to this Court by the learned Assistant Public Prosecutor.

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3 Sonali, wife of the applicant sustained burn injuries on 29 September 2012, and was taken to hospital. When her statement was recorded by the police, she said that there had been some quarrel between her and the applicant, and that she had therefore, in a fit of anger, poured kerosene over her person and set herself on fire. The police got her statement recorded through an Executive Magistrate wherein also, she narrated the same.

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2/2 (24)BA.1768-12

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4 Sonali succumbed to the burn injuries on 3 October 2012. On the next day, her mother lodged a report with the police and Sonali had made an oral dying declaration to her on the previous day i.e. on 2 October 2012 stating that actually the applicant had set her on fire and that the statements made by her before the police and the Magistrate were not true.

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5 Inspite of such oral dying declaration having been made by Sonali to her mother, the mother did not report the matter to the police till Sonali’s death.

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6 The applicant was also admittedly, injured in attempting to extinguish the fire. Admittedly, he himself had taken Sonali to the hospital.

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7 Considering the nature of material on the basis of which the allegation against the applicant has been levelled, I think it fit to release him on bail.

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8 Application is allowed.

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9 The applicant is ordered to be released on bail in the sum of Rs.30,000/- with one surety in like amount, or two sureties in the sum of Rs.15,000/- each, on the condition to attend the Police Station and make himself available for investigation/ interrogation, as and when required by the Investigating Officer.

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( ABHAY M.THIPSAY,J )

Sachin Yeshwant Sonawane v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sachin Yeshwant Sonawane 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

Parties & counsel

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