Partly allowed

Vinod Vaman Bhoi and Others v. the State of Maharashtra

Bombay HC21 Feb 2014APPLN/552/2014

Case brief

AI extract

What is this about?

The High Court disposed of the first applicant's bail application as withdrawn with liberty to refile. It allowed bail for the second and third applicants, who were brothers and father-in-law, releasing them on personal and surety bonds with restrictions to not tamper with witnesses or visit the complainant's village.

What did the court decide?

Bail granted to applicants Nos. 2 and 3 on furnishing security bonds; application of applicant No. 1 disposed of as withdrawn.

Vinod Vaman Bhoi and Others Vs the State of Maharashtra — Bail and Remand | Bombay HC (2014)

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Cri. Appln. No. 552/14

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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 552 OF 2014

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Vinod Vaman Bhoi and Ors.

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....Applicants.

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Versus

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The State of Maharashtra

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....Respondents.

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Mr. Amit S. Salve, Advocate for applicants. Mr. P.P. More, APP for State.

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Mr. S.P. Brahme, Advocate assist to APP.

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CORAM : T. V. NALAWADE, J. DATED : 21st February, 2014.

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ORDER :

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

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The learned counsel for applicant No. 1 - Vinod Bhoi submitted that he wants to withdraw his application and seeks liberty to file the application after filing of the chargesheet. With such liberty, the application of applicant No. 1 Vinod Bhoi is disposed of as withdrawn.

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The crime is registered on the basis of report given by

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Cri. Appln. No. 552/14

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mother of the deceased. Deceased was given in marriage to Vinod on 15.4.2012. Applicant No. 2 - Raju is brother of applicant No. 1 and applicant No. 3 - Vaman is the father of applicant No. 1. The learned counsel for the applicants is to make correction with regard to age of applicant No. 3 in the title of the petition.

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Allegations are made that right from the beginning there was illtreatment from the husband and his relatives to the deceased. Allegations are made that on petty counts they were harassing the deceased. Allegations are made that Vinod is addicted to liquor and he used to ask the deceased to bring money from the house of her parents. Allegations are made that he wanted to purchase Ape-rickshaw and on that count, he is insisting her for giving Rs. 25,000/- and ultimately such amount is given eight months prior to the date of incident. Allegations are made that even after giving of such amount, the husband was not satisfied and then he started demanding Rs. 1.5 lakh as he wanted to purchase the Max Vehicle and as the demand was not met with, the illtreatment was given to the deceased. Lastly, on 4.1.2014 the complainant and his relatives visited the house of husband and as there was one function in respect of daughter of deceased namely Devyani. On that occasion, the complainant and her relatives notices that two gold ornaments which were gifted to

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Cri. Appln. No. 552/14

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the deceased were not present on her person. On enquiry, she disclosed that the ornaments were taken over by the husband and his relatives. Allegations are made that on that day severe beating was given to the deceased by the applicants by saying that they were not giving money to the husband. On that occasion, the amount of RS. 3,000/- was given. Allegations are made that the husband insisted that the amount of Rs. 1.5 lakh needs to be given to them. Threat was given to finish the deceased.

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On 6.1.2014 information was given to the complainant and her relatives that deceased was sick. When they visited the house of husband, they noticed that there was ligature mark around the neck of deceased and she was dead.

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The P.M. report shows that there was ligature mark, but the opinion is reserved. The learned APP took this Court through the spot panchanama. He submitted that the circumstances described in the spot panchanama create other probability like of murder also. The doctor who conducted the P.M. examination has reserved the opinion. Unfortunately, the description of ligature mark is not there as per expectation in column No. 17.

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Cri. Appln. No. 552/14

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There are statements of other witnesses indicating that there was illtreatment to the deceased. In the F.I.R. itself it is mentioned that Raju was living separate in neighbourhood. Applicant No. 3 is the father in law of deceased. The aforesaid allegations show that the main allegations are against the husband that he was addicted to liquor and he was insisting the deceased to bring money from her parents. Applicant Nos. 2 and 3 are behind bars since 7-8 January 2014. In view of these circumstances, it is not desirable to keep the applicant Nos. 2 and 3 behind bars till the disposal of the case, which may be filed against them.

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In the result, the application of applicant Nos. 2 and 3 viz. Raju Bhoi and Vaman Bhoi is allowed. They are to be released on bail on their furnishing PR and SB of Rs. 25,000/- (Rupees twenty five thousand) by each of them with one solvent surety of like amount. They are not to tamper with the prosecution witnesses. They are not to visit the village of the complainant till the disposal of the case.

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[ T. V. NALAWADE, J. ]

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ssc/

Vinod Vaman Bhoi and Others v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vinod Vaman Bhoi and Others v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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