Allowed

Pravin Ashok Kadam v. State of Maharashtra

Bombay HC27 Mar 2024BA/1256/2024

Case brief

AI extract

What is this about?

Applicant, arrested for offences under Sections 307 and 397 IPC on his wife's FIR arising from matrimonial discord, sought bail. The informant intervened, filed an affidavit of no objection stating the dispute was settled. The Court granted bail on a PR bond with conditions including cooperation, non-tampering and trial attendance.

What did the court decide?

Applicant released on bail on PR bond of ₹10,000 with one or two sureties; cash bail permitted within two weeks; conditions imposed.

Pravin Ashok Kadam vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2024)

¶1

42.BA.1256.2024.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

BAIL APPLICATION NO. 1256 OF 2024

Pravin Ashok Kadam

...Applicant

Versus

The State of Maharashtra

¶8

...Respondent

¶9

WITH INTERIM APPLICATION NO. 1628 OF 2024

¶10

SHRIKANT SHRINIVAS MALANI

¶11

Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2024.06.27 18:39:08 +0530

¶12

¶13

Ms. Anjali Awasthi, for Applicant.

¶14

Mr. Kiran C. Shinde, APP for State.

¶15

Ms. Bushra Sayed, for Applicant in IA/1628/2024.

¶16

Ms. Rajashree Pravin Kadam, First Informant.

¶17

¶18

CORAM : MANISH PITALE, J. DATE : 27^th JUNE, 2024.

¶19

P. C. :

¶20

The applicant in this case is facing allegation of having

¶21

committed offences under Sections 307 and 397 of the Indian Penal Code. The charges-sheet has been filed. The applicant was arrested on 31^st July, 2023 and he has remained behind bars since then.

¶22

The informant in the present case is the wife of the applicant. The informant has filed an application for intervention, which is listed along with the application for bail.

¶23

The learned counsel appearing for the intervenor – informant submits that there were matrimonial disputes between the applicant and the

Page1 of 3

Shrikant Malani

42.BA.1256.2024.doc

informant. It is further stated that with passage of time, the parties have settled their inter se disputes. In that light, an affidavit of the informant is filed along with the application for intervention, wherein it is stated that the informant does not have any objection to the prayer for bail being granted. In fact, it is stated that the FIR came to be registered due to misunderstanding and anger. It is further stated that the applicant and informant have two sons aged 9 years and 13 years. The intervenor – informant is personally present in Court and she is submitted to this Court that she is indeed agreeable to the applicant being granted bail. She has also stated in the affidavit that she has sworn the affidavit on her own and without any coercion from anyone.

¶28

Considering the fact that the applicant and the informant are husband and wife and the roots of the dispute appear to be matrimonial discord and in the light of the fact that the informant herself is present in Court today stating that she has no objection to the present application being allowed, this Court is inclined to allow the application.

¶29

In view of the above, the application is allowed in the

¶30

following terms :

¶31

(A) The applicant shall be released on bail in connection with First Information Report No.0537 of 2023, dated 31^st July, 2023 on furnishing P.R. bond of 10,000/- and one₹ or two sureties of like amount, to the satisfaction of the

Page2 of 3

Shrikant Malani

42.BA.1256.2024.doc

Trial Court.

(B) The applicant shall cooperate with the proceedings before the Trial Court.

¶37

(C) The applicant shall not tamper with the evidence in any manner. He shall not influence the informant, witnesses or any other person concerned with the case.

¶38

(D) The applicant shall attend the Trial Court proceedings on each and every date, except when specifically exempted by the Trial Court.

¶39

(E) The applicant is permitted to furnish cash bail in the sum of ₹ 10,000/-, within a period of two weeks in lieu of surety.

¶40

Needless to say, in case of violation of any of the aforesaid

¶41

conditions, the bail granted to the applicant shall be liable to be cancelled.

¶42

It is made clear that the observations made in this order are

¶43

limited to the question of grant of bail to the applicant and that the Trial

¶44

Court shall proceed further in the matter without being influenced by the observations made hereinabove.

¶45

The application is disposed of.

¶46

(MANISH PITALE, J.)

¶47

Page3 of 3

¶48

Shrikant Malani

Pravin Ashok Kadam v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Pravin Ashok Kadam v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

The Official Liquidator of Kumar Motors Pvt.Ltd. (in Liquidation) Vs Innoventive Industries Ltd. (Petitioner)

Anjali Anand Udeshi Vs Prashant Harish Ashar

Mihir Shashikant Shah Vs Shashikant Jayantilal Shah (Deceased)

Umashankar@Sachin Ashok Singh Thakur @Umashankar Ashok Singh vs State of Maharashtra

Dhanashree Pramod Buga vs State of Maharashtra

Durgesh Pawar vs State of Maharashtra and Anr.