Allowed

Sadashiv Pandhari Sakhare v. the State of Maharashtra

Bombay HC13 Feb 2014APPLN/547/2014

Case brief

AI extract

What is this about?

In a bail application in a dowry death case alleging ill-treatment and suicide of the wife within five months of marriage, the court held that since no suicide note existed and the evidence consisted mainly of telephone complaints by the deceased, the applicant should not remain in custody pending case disposal. Bail was granted on personal and surety bonds.

What did the court decide?

Bail granted on execution of P.B. and S.B. of Rs.25,000/- with one solvent surety in like amount; prohibition on tampering with witnesses or visiting the complainant's village.

Sadashiv Pandhari Sakhare Vs the State of Maharashtra — Dowry and Cruelty | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 547 OF 2014

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Sadashiv s/o Pandhari Sakhare	...	Applicant
Versus
The State of Maharashtra	...	Respondent

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Mr. Shailesh S. Chapalgaonkar for the applicant Mr. B. L.Dhus, APP for the respondent-State

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CORAM : T.V. NALAWADE, J. DATE : 13th February, 2014

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PER COURT :

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This application is filed for bail. Both the sides are heard. This Court perused the papers of investigation.

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The crime was registered on the basis of report given by the mother of

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the deceased. The deceased was given in marriage to the applicant on 02.05.2013. It is contended that there was an agreement to pay dowry amount of Rs.2.51 lac. An amount of Rs.1.50 lac only could be given. It is contended that the applicant and his relatives were asking the deceased to bring the remaining amount of Rs.1 lac from her parents and on that count there was ill treatment to her. The allegations are made that the applicant had

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illicit relation with widowed sister-in-law and due to that there was ill

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treatment. It is contended that on 27.09.2013, the deceased had called her mother-complainant on phone and she had informed that she was carrying pregnancy and such opinion was given by Doctor on that day. On the same day, the deceased again called the complainant and informed that the applicant and his relatives were asking her to abort the child as they wanted to see that only the issues of the deceased brother of the applicant are taken care of.

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The incident took place on 28.09.2013. The deceased committed suicide by hanging herself in the house of the applicant. Report came to be given on 29.09.2013. Crime is registered for the offences punishable under section 304B, 498A , 34 etc. of the Indian Penal Code.

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The learned counsel for the applicant submitted that the applicant had taken the deceased to Doctor for check up and there was no reason for him to have objection that the deceased was pregnant. On the other hand, the leaned APP submitted that the death took place within five months of the marriage and provisions of section 114B of the Evidence Act can be used against the applicant.

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The applicant has been behind bars since 30.09.2013. In view of the

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aforesaid facts and circumstances and as no suicide note is left, this Court holds that it is not desirable to keep the applicant behind bars till disposal of the case. Most of the evidence will be on the basis of the so called disclosures made by the deceased to her relatives from parents side on phone etc. In the result, the application is allowed.

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The applicant is to be released on bail on his executing P.B. and S.B. of Rs.25,000/- (Rupees twenty five thousand) with one solvent surety in the like amount. He is not to tamper with the prosecution witnesses. He is not to visit the village of the complainant till disposal of the case.

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( T.V. NALAWADE, J. )

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JPC

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Sadashiv Pandhari Sakhare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sadashiv Pandhari Sakhare 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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