Allowed

Sirajpasha Chandpasha Buwaji and Anr. v. the State of Maharashtra

Bombay HC27 Aug 2014APPA/864/2014

Case brief

AI extract

What is this about?

The court granted bail to the first applicant convicted of dowry death, relying on a suicide note that did not allege cruelty by the husband. Liberty was granted to the second applicant to file a separate bail application.

What did the court decide?

Bail granted to the first applicant in ₹25,000; liberty granted to the second applicant to file a separate bail application.

Sirajpasha Chandpasha Buwaji and Anr. Vs the State of… — Dowry and Cruelty | Bombay HC (2014)

Deshmane Deshmane

9.APPA.864-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.864 OF 2014 IN CRIMINAL APPEAL NO.487 OF 2014

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Sirajpasha Chandpasha Buwaji, &

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Fatima Chandpasha Buwaji. ..Applicants Versus The State of Maharashtra ..Respondent

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Mr. V.V. Purwant, Advocate for the Applicants. Mrs. A.S. Pai, APP, for the State.

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CORAM : V. K. TAHILRAMANI AND A. R. JOSHI, JJ. DATE : 27^th AUGUST, 2014 P.C.

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Heard the learned Counsel for the applicants/orig. accused Nos.1 & 2 and the learned APP for the State.

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The learned Counsel for the applicants states that at present he is pressing only prayer for bail as far as applicant No.1 Sirajpasha Chandpasha Buwaji is concerned and as far as applicant no.2 Fatima Chandpasha Buwaji is concerned, he seeks leave to file a separate application for bail. Thus, this application is being considered only in relation to applicant No.1 Sirajpasha and as far as applicant No.2 Fatima is concerned, liberty is granted to file a separate

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Deshmane

9.APPA.864-14.doc

application for bail.

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Both the applicants have been convicted under Section 498(A) read with 34 and under Section 304(B) read with 34 of Indian Penal Code. The applicant No.1 is now seeking bail.

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It is the prosecution case that Raisa was married to applicant No.1 Sirajpasha Chandpasha Buwaji. Applicant No.2 Fatima Chandpasha Buwaji is the mother of applicant No.1. According to the prosecution both the applicants treated Raisa with cruelty, due to which Raisa committed suicide on 2.7.2009 while she was in the house of her parents.

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The learned APP has stated that evidence of PW-9 (who is father of Raisa) and other witnesses show that both the applicants treated Raisa with cruelty on various grounds including demand of money. However, it is pertinent to note that when Raisa committed suicide, she left behind a suicide note Exhibit-100 which was produced by the complainant PW-9 who is father of deceased Raisa. On perusal of the suicide note, which is a lengthy one, it is seen that Raisa has only made allegations in this suicide note against her mother-in-law and she has not made any allegations against her husband i.e. applicant No.1 in relation to demand of money or any ill-treatment, torture or assault on her. It

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Deshmane

9.APPA.864-14.doc

has been proved by the prosecution that the suicide note was written by Raisa and this suicide note was found in the house of her parents where Raisa committed suicide. Looking to this suicide note, we are inclined to grant bail to the applicant No.1. In the result, following order is passed :

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(i) Applicant No.1 - Sirajpasha Chandpasha Buwaji to be released on bail in the sum of R25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties to make up the said amount;

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(ii) After being released on bail, the applicant No.1 Sirajpasha Chandpasha Buwaji shall report to Sadar Bazar Police Station, Solapur on first Sunday of every alternate month between 10:00 a.m. to 11:00 a.m.;

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(iii) So far as applicant No.2 Fatima Chandpasha Buwaji is concerned, a liberty is granted to her to file a separate application for bail;

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(iv) Criminal Application is disposed of accordingly.

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(V. K. TAHILRAMANI, J.)

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(A. R. JOSHI, J.)

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Sirajpasha Chandpasha Buwaji and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sirajpasha Chandpasha Buwaji and Anr. 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

Statutes considered

Parties & counsel

Coram

Case details

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