High Court of Bombay at Aurangabad granted pre-arrest bail to Sachin Bharat Bhalerao accused of abetment of suicide, noting the discrepancy in FIR dates and lack of intent to instigate suicide.
Applicant released on bail of Rs. 10,000 with one solvent surety and directed to attend the Investigating Officer.
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.
1 appln39-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 39 OF 2014
| Sachin Bharat Bhalerao | ... | Applicant |
|---|---|---|
| Versus The State of Maharashtra |
... | Respondent |
Mr. S.S. Patankar for the applicant Mrs. V. A. Shinde, APP for the State Mr. Amol R. Gaikwad for the intervenor.
CORAM : M. L. TAHALIYANI, J. DATE : 23rd January, 2014
PER COURT :
1/3
2 appln39-14
Code. The victim of 377 of the Indian Penal Code belonged to the family of one of the accused in this case namely Dhondiba Kisan Kamble. It is alleged that on 7th November, 2013, at about 6.00 p.m. said accusedDhondiba Kisan Kamble along with the applicant visited house of the deceased and manhandled him. They threatened the deceased that he would be implicated in a false case.
2/3
3 appln39-14
the applicant that during the intervening period, a story has been created to implicate the applicant and others in a false case. Considering the inordinate delay in lodging FIR, argument of the learned counsel cannot be rejected. At the same time, there is no material on record to indicate that there was intention to commit an act or omit to do something which might instigate the deceased to commit suicide. In the circumstances, I am inclined to grant pre arrest bail to the applicant. Hence I pass the following order.
ORDER
iii. The application stands disposed of.
( M. L. TAHALIYANI, J )
JPC
3/3
2 issues framed by the court
Whether the applicant should be granted pre-arrest bail in a case involving the abetment of suicide under section 306 IPC.
Whether the allegations are false considering the delay in lodging the FIR.
1 provisions across 1 enactments
Sachin Bharat Bhalerao
The State of Maharashtra
Amol R. Gaikwad
M. L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
