This is a bail application filed by the accused seeking release from custody in a criminal case involving alleged domestic violence and cheque-related disputes under sections 498A, 307, 323, 504, and 506 of the IPC.
Enlarged on bail with ₹25,000 PR bond and sureties; conditions of travel restriction, non-contact, and attendance imposed.
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.
ba.1511.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1511 OF 2015
Ravindra Ganpatrao Shendge ...Applicant Versus The State of Maharashtra ...Respondent
Mr. Vijay Killedar for the Applicant
Ms. Veera Shinde, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J. MONDAY, 26TH OCTOBER, 2015
P.C. :
Police Station, for the alleged offences punishable under Sections 498A, 307, 323, 504, 506 of the Indian Penal Code.
is alleged to have taken place on 16th January, 2015 and the FIR is lodged
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ba.1511.15.doc
on 25th January, 2015. It appears from a perusal of the FIR, that the applicant was demanding the cheque amount which his wife had received in connection with an award passed by the Motor Accident Claims Tribunal, in which she had received compensation for the death of her father. It appears that a still born baby was born on 7th January, 2015 and thereafter, there was some gynecological problems, as a result of which, the applicant's wife was again admitted to the hospital and was discharged on 15th January, 2015. According to the complainant, on 16th January, 2015, the applicant questioned his wife about the cheque received from the Motor Accident Claims Tribunal and started assaulting her by fist and kick blows. It is alleged that the applicant assaulted her on the chest, stomach and on her private parts and threatened to kill her. Pursuant to the said incident, an NC was lodged by the complainant, which is on page No. 278, on 17th January, 2015, stating that the applicant had abused his wife and had assaulted her by giving fist blows and had threatened her.
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January, 2015 and was discharged only on 25th February, 2015. Learned Counsel for the applicant submits that a perusal of the Certificate which is at page 79 shows that there is no evidence of any external physical injury and the same is recorded by the Doctor of the Sion Hospital. He submitted that the investigation is complete and charge-sheet is filed and that the accused is in custody since his arrest from 2nd February, 2015.
ORDER
sum of Rs. 25,000/- with one or two sureties in the like amount;
(ii) The applicant shall attend the concerned Police Station on the first Saturday of every month between 10:00 a.m. to 11:00 a.m. till the conclusion of the trial;
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(iii) The applicant shall not enter the jurisdiction of Khandeshwar
Police Station, where his wife resides, till the conclusion of the trial;
(iv) The applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(v) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;
(vii) An undertaking with respect to the aforesaid clauses (ii) to (vi), shall be filed by the applicant in the Trial Court within two weeks after his release;
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(viii) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail.
REVATI MOHITE DERE, J.
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1 issue framed by the court
Whether the applicant should be granted bail in connection with offences punishable under Sections 498A, 307, 323, 504, 506 of the IPC.
Ravindra Ganpatrao Shendge
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
