This criminal application seeks to confirm interim pre-arrest bail granted earlier. The High Court observed that the prima facie case of marital discord and the lack of homicidal intent justify refusing custodial interrogation, while explicitly reserving trial-stage observations.
The order of interim bail dated 6 June 2023 was made absolute.
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.
2023:BHC-AS:38460
51 aba 1406 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1406 OF 2023
Sandipan Misal
… Applicant
versus
State of Maharashtra and Anr.
… Respondents
Ms Divya Kangane i/by Krishna Holambe Patil, for Applicant. Ms. Anamika Malhotra, aPP for State. Ms. Trupti M. Khamkar, for Respondent No.2. Ms. Trupti Shelke, API Kalamboli Police Station present.
CORAM: N.J.JAMADAR, J.
DATE : 18 DECEMBER 2023
P.C.
of 2023 registered with Kalamboli Police Station for an offence punishable under Section 306 of the Indian Penal Code.
Court was persuaded to grant interim bail to the applicant observing, inter alia, as under :
“4. Learned Advocate for the applicant has placed on record copy of the application under Section 13(B) of the Hindu Marriage Act, 1955, which appears to have been filed on 4th March 2023. He has also placed on record copies of complaint filed by him with Commissioner of Police, Thane, dated 10th March 2023, expressing apprehension of suicide of the deceased.
SSP 1/4
51 aba 1406 of 2023.doc
SSP 2/4
51 aba 1406 of 2023.doc
that the factum of the filing of the marriage petition is itself doubtful, as the deceased had not disclosed about the same to the first informant, and there are averments in the marriage petition which are patently abundantly incorrect, are the matters which can be considered at the stage of trial. Ex-facie, it appears that the marriage petition was filed and affirmed before the verifying authority on 1 March 2023. In the circumstances, the fact that there was a martial discord between the applicant and the deceased becomes evident.
SSP 3/4
51 aba 1406 of 2023.doc
ORDER
(i) The order of interim bail dated 6 June 2023 is made absolute on
the terms and conditions incorporated therein.
(ii) In addition, the applicant shall regularly attend the proceedings
before the jurisdictional Court.
(iv) It is, however, clarified that the observations are confined to the consideration of entitlement for pre-arrest bail and the trial Court shall not be influenced by any of the observations in further proceedings.
( N.J.JAMADAR, J. )
SSP 4/4
2 issues framed by the court
Whether the applicant, on intermittent bail, deserves the custody interrogation considering the prima facie case of marital discord.
Whether the interim bail order dated 6 June 2023 deserves to be made absolute.
2 provisions across 2 enactments
Sandipan Misal
State of Maharashtra
Respondent No.2
N.J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
