Dismissed

Jagannath Shivram Salve v. the State of Maharashtra and Others

Bombay HC17 Dec 2013APPLN/4805/2013

Case brief

AI extract

What is this about?

This court rejected a criminal application under Section 439(2) CrPC seeking cancellation of anticipatory bail. Holding that the reasons given by the Additional Sessions Judge regarding the nature of suicide due to marriage opposition were sufficient, the court found it was not desirable to interfere.

What did the court decide?

Application for cancellation of anticipatory bail stands rejected.

Jagannath Shivram Salve Vs the State of Maharashtra and… — Dowry and Cruelty | Bombay HC (2013)

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1 Cri.A.4805.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 4805 OF 2013

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Jagannath Shivram Salve ...APPLICANT.

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VERSUS

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The State of Maharashtra and ors. ...RESPONDENTS.

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... Shri Vijay B. Patil, Advocate for Applicant. Shri S.G. Chincholkar, A.P.P. for RespondentNo.1. Shri S.V. Advant, Advocate for respondent Nos. 2 to 5

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CORAM: T.V. NALAWADE, J.

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PER COURT :

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This application is filed under Section 439(2) of the Code of Criminal Procedure for cancellation of relief of anticipatory bail granted by the learned Additional Sessions Judge, Jalgaon. Both sides are Heard.

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Learned APP has submitted the papers of investigation.

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The crime is registered on the basis of report given by father of one Manoj Salve. Manoj belongs to Scheduled Caste and respondents/accused did not belong to Scheduled Caste. It is contended that respondents No. 2 and 3 were not allowing the

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2 Cri.A.4805.13

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marriage of their deceased daughter with Manoj. Due to that Manoj and daughter of respondent Nos. 2 and 3 committed suicide. This Court has seen the order made by the learned Additional Sessions, Judge. The learned Sessions has given reasons and has observed that absence of consent or conduct of the the respondents/accused of not allowing the marriage of two youngsters may not fall within the ambit of section 107 of the IPC. This Court has gone through the so-called suicide note of daughter of respondent Nos. 1 and 2. Suicide note shows that there was opposition from respondents for marriage and the couple thought that the resistance is due to social status and social conditions. They wanted to show everybody including respondents/accused that they were in love and they were ready to go any extent for that. Suicide note shows that she requested not to blame even her parents of their decision of committing suicide.

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Learned counsel for the applicant invited attention of this Court to one clip which is in memory card of the deceased, in which she has expressed that on one occasion respondents/accused had stated that it was up to youngsters to prove their love and whether they were ready to die for it. The girl has stated in the recording, conversation that though the parents were not serious when they said so, but she was taking it seriously.

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3 Cri.A.4805.13

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In the present matter Police have submitted the chargesheet in the Court. In view of nature of allegations made, the respondents/accused who are close relative of deceased girl and the reasons given by learned Additional Sessions Judge, this Court holds that it is not desirable to interfere in the order made by the Additional Sessions Judge. Nothing could be achieved by arresting and custodial interrogation. In view of the aforesaid circumstances, the application stands rejected.

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[ T.V. NALAWADE, J.]

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MTK

Jagannath Shivram Salve v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Jagannath Shivram Salve v. the State of Maharashtra and Others

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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