Allowed

Subhash Sadashiv Pawar v. State of Maharashtra

Bombay HC15 Dec 2022BA/935/2022

Case brief

AI extract

What is this about?

Bail application allowed. The High Court granted bail to the accused charged with murder and cruelty under Section 439 CrPC and Section 302/498A IPC. The court noted the case relies on circumstantial evidence, investigation was over, and the couple was married for over ten years.

What did the court decide?

Release on bail in PR bond of Rs. 25,000 with one or two sureties. Attend police station once a month.

Subhash Sadashiv Pawar Vs State of Maharashtra — Domestic Violence | Bombay HC (2022)

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31-BA-935-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 935 OF 2022

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Shri. Subhash Sadashiv Pawar
V/s.

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The State of Maharashtra

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…Applicant
...Respondent

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Mr. Satyavrat Joshi i/b Mr. Nitesh J. Mohite, for the Applicant.
Mr. P.H. Gaikwad Patil, APP, for the Respondent/State.
Mr. Avinash Baburao Wadekar, PSI, Shirala Police Station, Sangli,
present.

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CORAM :N.R. BORKAR, J.
DATE :15.12.2022.

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P.C. :

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This is an application filed under Section 439 of the Code
of Criminal Procedure, 1973 for grant of bail.

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2.The applicant came to be arrested in Crime No. 165 of
2021 registered at Shirala Police Station, District Sangli for the
offences punishable under Sections 302 and 498(A) of the Indian Penal
Code.

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3.The deceased was the wife of the present applicant.
According to the prosecution, the deceased had illicit relations with
one Amar @ Amol Khot. According to the prosecution, due to said
illicit relation on 08/05/2021, the present applicant assaulted the
deceased by koyta and committed her murder.

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4.I have heard the learned counsel for the applicant and the
learned APP for the respondent/State.

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5.The learned counsel for the applicant submits that the case

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A. J. Vallakati

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31-BA-935-22.doc

is based on circumstantial evidence. It is submitted that further
detention of the present applicant is not warranted as the investigation
is over and charge-sheet is filed.

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6.The learned APP for the respondent/State submits that
there is extra judicial confession. It is submitted that the applicant has
brutally assaulted the deceased. It is submitted that considering the
nature of offence, applicant may not be released on bail.

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8.It appears that on the date of alleged incident the applicant
and the deceased were married for more than ten years. Case is based
on circumstantial evidence. Considering the facts and circumstances of
the case, I am inclined to release the applicant on bail. In the result,
following order is passed:

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ORDER

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A) The Application is allowed.

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B)The applicant be released on bail in Crime No. 165 of 2021
registered at Shirala Police Station, District Sangli for the
offences punishable under Sections 302 and 498(A) of the Indian
Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand) with one or two sureties in the
like amount.

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C)The applicant shall attend the concerned Police Station
once in a month i.e. on the first Saturday between 11.00 a.m. to
2.00 p.m. till the conclusion of trial.

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[N.R.BORKAR, J.]

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A. J. Vallakati

Subhash Sadashiv Pawar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Subhash Sadashiv Pawar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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