Single judge allowed the bail application of Buvaji Mohan Gaikwad, alleging abetment to suicide and cruelty, finding insufficient evidence prima facie to show he instigated the deceased, and ordered release on bond.
Released on bail in C.R. No. 54 of 2019 with a personal bond of Rs. 20,000 and one or two sureties in like amount.
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.
56-BA-868-2021.DOC
Digitally signed by TRUPTI TRUPTI SADANAND SADANAND BAMNE BAMNE Date: IN THE HIGH COURT OF JUDICATURE AT BOMBAY 2021.11.18 00:34:02+0530 CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 868 OF 2021
Buvaji Mohan Gaikwad ...Applicant
Versus
The State of Maharashtra...Respondent
Mr.Vaibhav Gaikwad for the Applicant.
Mrs.Anamika Malhotra, APP for the Respondent- State.
CORAM :V.G.BISHT, J.
DATE :17TH NOVEMBER, 2021
PC:-
1.The present application has been moved by the
applicant under Section 439 of the Code of Criminal
Procedure in Crime No. 54 of 2019 registered with
Rahimatpur Police Station, Taluka – Koregaon, District- Satara
for the offences punishable under Sections 498 (A), 306 read
with 34 of the Indian Penal Code (the IPC).
2. The informant is mother of Sadhana (since deceased).
The deceased was married to applicant 12 years ago.
Deceased always used to complain about harassment at the
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hands of her in-laws. On 09.04.2019 at about 7.00 am,
informant’s husband received a call on his mobile from
applicant that the deceased had fallen from a motorcycle.
Accordingly, the informant and family members rushed only
to found the dead body of deceased. Informant accordingly
lodged the report alleging therein that the applicant and other
accused not only suspected the character of deceased but also
used to beat her under the influence of liquor and thus
abetted deceased to commit suicide.
3.Mr.Gaikwad, learned Counsel for the applicant, submits
that prima facie the ingredients of Section 306 of the IPC are
missing. Even otherwise, the alleged incident took place after
12 years of the marriage. Because of the death of deceased,
the applicant has been falsely implicated. The investigation is
over. There are no criminal antecedents. Hence, applicant
may be enlarged on bail, urged learned Counsel.
4. Mrs.Malhotra, learned APP, on the other hand, would
oppose the submissions by contending that not only the
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56-BA-868-2021.DOC
deceased was subjected to cruelty but she was compelled to
commit suicide because of constant harassment.
5. Perused First Information Report and the investigation
papers. Except the allegation of beating, there is no
satisfactory prima facie evidence to suggest that the applicant
in any manner abetted or instigated deceased to commit
suicide.
6. Having regard to the nature of allegations, in my considered opinion, the applicant has made out a case for bail. In view of above, I pass the following order :
ORDER
(i)The Bail Application is allowed.
(ii)Applicant- Buvaji Mohan Gaikwad shall
be released on bail in C.R. No. 54 of 2019
registered with Rahimatpur Police Station, Taluka-
Koregaon, District -Satara on his executing P.R.
Bond in the sum of Rs. 20,000/- with one or two
surety/ sureties in like amount.
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56-BA-868-2021.DOC
(iii) Parties to act on copy of this order duly
authenticated by the Sheristedar of this Court.
(iv) The Bail Application stands disposed of in
aforesaid terms.
(V.G.BISHT, J. )
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1 issue framed by the court
Whether the applicant makes out a prima facie case for bail under Section 439 CrPC given the nature of allegations abetting suicide.
2 provisions across 2 enactments
Buvaji Mohan Gaikwad
The State of Maharashtra
V.G. Bisht
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court