Allowed

Shamal Dattatray Patil v. State of Maharashtra

Bombay HC12 Feb 2024BA/377/2024

Case brief

AI extract

What is this about?

Criminal bail application allowed for an accused in a dowry harassment case involving suicide. The court noted the applicant's limited role, status as a married woman with twin children, lack of criminal antecedents, and the lengthy duration of the expected trial, imposing standard bail conditions.

What did the court decide?

Bail granted with conditions: furnish PR bond Rs. 20,000 with sureties, report to police bi-monthly, surrender passport, not to tamper with evidence or influence witnesses, and attend trial regularly.

Shamal Dattatray Patil Vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2024)

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2-BA-377-2024.DOC
Sonali

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2024:BHC-AS:6852

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.377 OF 2024

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Shamal Dattatray Patil…Applicant
Versus
The State of Maharashtra…Respondent

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Mr. Sachin Deokar, Advocate for the Applicant.
Mr. P. H. Gaikwad, APP for the Respondent-State.

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Ms. Vilasini Balsubramanian, Legal Aid Counsel, for the Informant.
Mr. Yuvraj S. Patil, Police Constable attached to Bhudargad Police
Station, District-Kolhapur present.

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CORAM: MADHAV J. JAMDAR, J. DATED : 12^th FEBRUARY 2024

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PC:-

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1. Heard Mr. Deokar, learned Counsel appearing for the

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Applicant, Ms. Balsubramanian, learned appointed Counsel
appearing for the Informant and Mr. Gaikwad, learned APP
appearing for the Respondent-State.

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2. This regular Bail Application is preferred under Section 439

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of the Code of Criminal Procedure, 1973. The relevant details are
as follows:-

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1.C. R. No.445 of 2023
2.Date of Registration of F.I.R.27/12/2023

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Page 1 of 6

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`3. Name of Police Station`	`Bhudargad Police Station,` `District-Kolhapur`
`4. Section/s invoked`	`306, 34 and 498-A of the` `I.P.C.,1860`
`5. Date of Incident`	`26/12/2023`
`6. Date of Arrest`	`28/12/2023`

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3.There are total four Accused. The Accused No.1 is husband
of the deceased, Accused No.2 and 3 are the in-laws of the
deceased and Accused No.4 is sister-in-law of the deceased. As per
the prosecution case, the Applicant-Accused No.4 along with other
Accused used to harass the deceased and therefore, the deceased
died by suicide by jumping in a well along with her son aged 2
years.

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4. It is the contention of Mr. Deokar, learned Counsel appearing

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for the Applicant that the Applicant is a woman aged 35 years. She
has twin children aged 7 years. He submitted that the role
attributed to the present Applicant is very limited. The Applicant is
a resident of Nadavade, Taluka-Bhudargad, District-Kolhapur,
whereas the deceased and other Accused were residing at village
Bhendwade, Taluka-Bhudargad, District-Kolhapur. He submitted
that as the Applicant is a married woman having twins aged 7

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Page 2 of 6

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years, the Applicant used to visit her parents sometimes. He
therefore, submitted that role of the Applicant in the offence is
very limited.

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5.On the other hand, it is the contention of Mr. Gaikwad,
learned APP appearing for the Respondent-State and Ms.
Balsubramanian, learned Counsel appointed to represent the
interest of the Informant, that the offence is very serious. Charge-
sheet is not yet filed. It is submitted that there was continues
harassment due to which the deceased jumped into a well along
with her son aged 2 years and therefore, the Bail Application be
rejected.

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6. Mr. Gaikwad, learned APP submitted that the Charge-sheet is pending for sanction and it will be filed within 2-3 days. Thus, it is clear that investigation is almost complete.

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7.Apart from that, perusal of the F.I.R. shows that the role of
the Applicant is limited. The Applicant is a woman aged 35 years,
having twin children aged 7 years. The trial is unlikely to conclude
any time soon and is likely to take a considerably long time.

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Page 3 of 6

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8. There are no criminal antecedents against the present Applicant.

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9. The Applicant does not appear to be at risk of flight.

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10.Accordingly, the Applicant can be enlarged on bail by
imposing conditions. In view thereof, the following order:-

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O R D E R

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(a)The Applicant-Shamal Dattatray Patil be released on
bail in connection with C. R. No.445 of 2023
registered with the Bhudargad Police Station, Taluka-
Bhudargad, District-Kolhapur on her furnishing P. R.
Bond of Rs.20,000/- with one or two sureties in the
like amount.

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(b) On being released on bail, the Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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(c)The Applicant shall report to the Bhudargad Police

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Page 4 of 6

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Station, Taluka-Bhudargad, District-Kolhapur once in
two months either on the first or second Sunday of
two monthly slot between 11.00 a.m. and 1.00 p.m.
until the conclusion of the trial.

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(d)The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case, so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.

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(e) The Applicant shall not tamper with the evidence and shall not contact or influence the Complainant or any witnesses in any manner.

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(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

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(g) The Applicant shall surrender her passport, if any, to the Investigating Officer.

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Page 5 of 6

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Sonali

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11. The Bail Application is disposed of accordingly.

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12. It is clarified that the observations made herein are prima facie and the trial Court shall decide the case on its own merits and uninfluenced by the observations made in this order.

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(MADHAV J. JAMDAR, J.)

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Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 12/02/2024 18:34:48

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Shamal Dattatray Patil v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shamal Dattatray Patil v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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