Regarding bail in an proceedings under Sections 498A, 304B, IPC for alleged criminal conspiracy in suicide by wife, court allowed application due to vague allegations and applicant's unavailability at scene.
Release on bail in sum of Rs.15,000 each with one surety in like amount and direction to visit police station once a week.
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BA-36-2013 Fri,1Feb,2013
Rane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 36 OF 2013
Maruti Rau Ransing and anr.
......Applicants
V/s.
State of Maharashtra .....Respondent
Mr. Kuldeep Patil, Advocate for the applicant.
Mrs. V.S. Mhaispurkar, Advocate for the respondent.
CORAM :- SMT. R.P. SONDURBALDOTA, J.
1st FEBRUARY, 2013.
P.C. :-
1). The applicants herein were arrested on 6th December, 2012 in C.R. No. I-125 of 2012 registered with Ashta Police Station,
District- Sangli for the offences punishable under Sections 498A,
304B, 306 read with Section 34 Indian Penal Code upon the complaint filed by one, Ashok Maruti Dodke, the father of the deceased.
2). The deceased was married to the son of the applicants
on 23rd June, 2012. It was a love marriage. The complaint states
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that after marriage when the deceased came to reside with the applicants and her husband, who is still a student, she was treated well for about 2 months. Thereafter, the applicants started abusing her on on account of she being inefficient in household work. They demanded a gold-ring from her parents for Diwali festival. On 5th December, 2012 in the hospital, the deceased told the complainant that, on that day for the whole day, the applicants were harassing her for not bringing gold-ring during Diwali festival and she being inefficient in the household work. When the deceased could no
more bear the harassment, she poured kerosene on her person and set herself on fire. She died in the hospital at 11.00 a.m.
3). Mr. Patil, the learned Counsel for the applicant, submits that the allegations made against the applicants are absolutely vague. There are no particulars of the incident given. Besides on the date of the incident, applicant no.1 who is working as a watchman in the bank at Karad was on duty from 10.00 a.m. to 6.00 p.m. The place of work of applicant no.1 is at a distance of about 25-30 kms from the place of residence of the applicants. Applicant
no.1 is also seen to be suffering from kidney ailment. Since the
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allegations are vague and the immediate cause which drove the deceased to commit suicide, as stated in the complaint, is not believable in view of the certificate issued by the bank, the application is allowed. The applicants be released on bail in the sum of Rs.15,000/- (Rs. Fifteen Thousand only) each with one surety in the like amount. The applicants shall visit the concerned police station once a week. They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer. The applicants shall not leave India without the previous permission of the Court.
( SMT. R.P. SONDURBALDOTA, J)
1 issue framed by the court
Whether the allegations against the applicants are vague and insufficient to sustain the case for arrest.
1 provisions across 1 enactments
Maruti Rau Ransing and anr.
State of Maharashtra
R.P. Sondurbaldota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
