In this bail application regarding alleged offences of abetment to suicide and cruelty, the High Court found prima facie material showing complicity of the applicant. Consequently, bail was denied, and the trial was expedited.
Bail application rejected. Trial expedited to conclude within 12 months.
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.
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.803 OF 2019
Kisan Induraj Kokane ...Applicant Versus The State of Maharashtra ...Respondent
Mr.V.J.Bhanushali, for the Applicant.
Ms.P.P.Shinde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 25th JUNE, 2019
P.C. :
bail in connection with C.R.No.I – 209 of 2018 registered with the Kalyan Taluka Police Station, Thane, for the alleged offences punishable under Sections 306, 498(A), 504 and 506 of the Indian Penal Code.
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stated that the applicant and his daughter – Shobha got married in May, 2015 and that after marriage they started living at Virar. He has stated that the applicant was working with the B.E.S.T. as a Conductor; that after 6 to 8 months of the marriage, the applicant started assaulting and abusing his daughter – Shobha, as he would suspect her character; that the applicant was at home for about 2 to 3 months, as he had borrowed Rs.50,000/- from his colleagues and could not return the same; that he (complainant) gave an amount of Rs.50,000/- to the applicant to repay the borrowed amount to his colleagues and asked him to resume his service; that the applicant again resumed his service and that within some time again stopped going for work, as he had received a notice from the B.E.S.T to quit his job; and that the applicant was thereafter doing some work to earn his livelihood. According to the complainant, one year prior to the incident, the applicant and his daughter had come to reside at Manorama Chawl at Titwala. He has stated that the applicant had no work at that time and would quarrel regularly with his daughter and that in May, 2018, his daughter informed him about the same. He has further stated that in May, 2018, his daughter – Shobha went to her sister’s house at Rajur and disclosed to her that the applicant would suspect her character and would never let her go out.
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According to the complainant, his elder daughter – Asha had asked the applicant to remove any doubts about the character of his wife –Shobha and had also asked him not to assault her physically and despite the same, the applicant continued to harass. It is alleged by the complainant that he received a call from the police on 1st June, 2018, at about 4.30 p.m., informing him that his daughter – Shobha had committed suicide by hanging herself and that the grand daughter had also expired. According to the prosecution, the applicant’s wife – Shobha committed suicide being fed up of the conduct and harassment meted out to her by the applicant. It is stated that Shobha prior to committing suicide administered poison to her daughter, aged 3 years.
note which blames the applicant for committing the suicide is suspicious. He submitted that there is nothing to show that the suicide note was written by deceased – Shobha. The said submission can be dealt with by the trial Court, at the time of trial. Prima facie , there is sufficient material to show the complicity of the applicant.
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REVATI MOHITE DERE, J.
1 issue framed by the court
Whether the applicant is fit for bail in a case related to alleged offences under Sections 306, 498(A), 504 and 506 of the Indian Penal Code.
1 provisions across 1 enactments
Kisan Induraj Kokane
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
