Allowed

Sagar Pralhad Sawant v. the State of Maharashtra

Bombay HC15 Sept 2021ABA/1479/2021

Case brief

AI extract

What is this about?

In this anticipatory bail application, the applicant challenged the charges of abetment to suicide and criminal intimidation. The court granted interim protection, confirming a previous order and directing bail in case of arrest, noting the belated FIR and cordial relationship evidence.

What did the court decide?

Anticipatory bail application allowed; interim order confirmed; directed release on bail of Rs. 25,000 with sureties upon arrest.

Sagar Pralhad Sawant Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2021)

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1 of 3 43.ABA.1479.2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1479 OF 2021

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WITH
INTERIM APPLICATION NO.2235 OF 2021

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Sagar Pralhad SawantApplicant
versus
The State of MaharashtraRespondent

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Adv.Anil K. Lulla with S.Prajapati for applicant in ABA.
Mr.S.R.Agarkar, APP, for State.
Mr.Atit Shirodkar for intervenor.

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CORAM :PRAKASH D. NAIK, J.
DATE :15th September 2021

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PC :

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1.This is an application for anticipatory bail in CR No.148 of
2021 registered with Wada Police Station for offences under Sections
306, 504, 506 of Indian Penal Code. The FIR was registered on 1st
May 2021.

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MANISH Digitally signed byMANISH SURESH SURESHTHATTE THATTEDate: 2021.09.1710:02:55 +0530

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2.The victim has committed suicide on 10th February 2021. The
FIR was registered two months after the said incident. The case of
the complainant is that the victim had performed marriage with
applicant. The marriage of the victim was to be solemnized with
another boy. The applicant used to threaten the victim and hence
she committed suicide.

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3.From the documents annexed to this application it is apparent
that the victim and the applicant were in relationship for a long time
since 2011. The documents also indicate that they have performed

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2 of 3 43.ABA.1479.2021.doc

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marriage. Considering the factual aspects, presently interim
protection can be granted to the applicant with instructions to co-
operate with investigation.

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4.Learned counsel for applicant submitted that marriage
between victim and applicant was performed on 24th November
2020. The incident of suicide was occurred on 10th February 2021.
At the time of suicide the victim was at her parental home. The FIR
was lodged by father of victim after about three months. He relied
upon photographs attached to the application and whats app chats
between victim and applicant and submitted that the relationship
between them was cordial. The photographs did not indicate that
victim was under some coercion or threat after performance of
marriage. On account of caste of both the parties there was
resistance for marriage on the part of father of the victim. The
allegations spelt out in the FIR are after thought and concocted.
There is nothing to show that the applicant has caused any
harassment, instigation to compel the victim to commit suicide.

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5. Learned APP submitted that during the course of investigation the cell phone of the applicant has been taken into custody and it has been forwarded for forensic examination.

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6.Learned counsel for intervenor submitted that the FIR spells
out the overt act attributed to the applicant. He pointed out the
affidavit purportedly executed by the victim on 22nd October 2020
stating that the marriage was performed with her under coercion.
She is residing with her parental home. The whats app chats indicate
that the victim was being forced to take divorce.

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3 of 3 43.ABA.1479.2021.doc

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7.The applicant was granted interim protection by this Court
vide order dated 28th June 2021. The FIR was lodged after a period
of about 3 months of the incident. Undisputedly the incident had
occurred while the victim was at the parental home. The FIR was
lodged belatedly. The affidavit relied upon by intervenor was
executed about a month after marriage. The photographs clicked at
the time of marriage and events thereafter would indicate that the
relationship between the applicant and victim was cordial. The
demeanor of the persons in the photograph did not reflect that victim
was under pressure or coercion or intimidated to perform the
marriage. The whats app chats also support the aforesaid
observations.

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8.In the light of aforesaid factual aspects, the applicant need not
be subjected to custodial interrogation. Hence, I pass following
order :

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ORDER

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(i) Anticipatory Bail Application is allowed and disposed of;

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(ii) Interim order dated 28^th June 2021 is confirmed;

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(iii)In the event of arrest of applicant in CR No.148 of 2021
registered with Wada Police Station, District Palghar, the applicant be
released on bail on his executing PR bond in the sum of Rs.25,000/-
with one or more sureties in the like amount’

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(iv)The applicant shall appear before Investigating Officer as and
when called for till filing of charge sheet.

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(PRAKASH D. NAIK, J.)

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MST

Sagar Pralhad Sawant v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sagar Pralhad Sawant v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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