This order grants bail to an applicant accused of offences under sections 498A and 306 IPC. The High Court observed that the applicant had been in custody since November 2012 without trial commencing and ordered his release on bail.
The applicant was ordered to be released on bail in the sum of Rs. 20,000/- with one surety.
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.
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Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.322 of 2013
Ganesh Dadu Yadav ... Applicant versus The State of Maharashtra ... Respondent
Mr.Dilip Bodke, Advocate for the applicant.
Mrs.Shilpa Gajare Dhumal, APP for the State.
CORAM : ABHAY M. THIPSAY, J.
DATED : JULY 17, 2013
P.C.
1 Head Mr.Dilip Bodke, learned counsel for the applicant. Heard Mrs.Shilpa Gajare Dhumal, learned APP for the State.
2 The applicant is accused to have committed offences punishable under section 498A of the IPC and 306 of the IPC.
3 The wife of the applicant on 11 November 2012 committed suicide by hanging herself. After her last rites were performed, her brother lodged a report alleging commission of offences punishable under section 498A of the IPC and 306 of the IPC. It was on 19 November 2012. The applicant was arrested on
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21 November 2012, and continues to be in custody since then. No statement of the applicant’s wife Smt.Nanda could be recorded before her death and as such, what exactly led her to take the extreme step of committing suicide, is not clear.
4 In any case, the applicant is in custody since last more than nine months. The trial has not yet commenced.
5 Under the circumstances, it would be proper to release the applicant on bail.
6 Application is allowed.
7 Applicant is ordered to be released on bail in the sum of Rs.20,000/- with one surety in like amount.
( ABHAY M.THIPSAY,J )
1 issue framed by the court
Whether the applicant, detained under offences under sections 498A and 306 IPC, should be released on bail after nine months without trial having commenced.
Ganesh Dadu Yadav
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
