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Khandu Madhav Gangurde vs The State Of Maharashtra on 2 May, 2019

Nalawade 910-Ba-879-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 879 OF 2019

Khandu Madhav Gangurde …Applicant.

Vs.

The State of Maharashtra …Respondent.

Mr. S.P.Kadam I/by Sachin Kadam for Applicant.
Ms. S.S.Kaushik, APP for the Respondent/State.
Mr. Sansare, PN-581 from Chandwad Police Station present,

CORAM : P.N. DESHMUKH, J.
DATE : 02nd May, 2019

PC :

1. Heard learned counsel for applicant and learned APP. Perused

the copy of charge sheet filed along with application. One of the co

accused involved in CR No.174/2018 registered with Chandwad Police

Station for the offences punishable under Section 304(B), 306, 498A

read with 34 of the SectionI.P.C. has filed this application for bail. Applicant is

in custody since 1.11.2018 who is cousin of husband of deceased who


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committed suicide on 30.10.2018 by hanging in her matrimonial home.

Learned counsel for applicant by referring two other reports and

statements on record as well as other documents which includes post

mortem report, inquest panchanama and two medical certificates had

submitted that from the report and statements of witnesses who are

relatives of deceased Shakuntala. Applicant is stated to have bad eye

upon her and that he had on some occasions demanded Rs.2.00 lacs

from the parents of deceased for purchasing tractor and motor cycle. It

is pointed out from the statement of witnesses that there are vague

allegations on the point of alleged demand as well as on applicant’s

insisting deceased to keep physical relations with him.

2. By referring to inquest panchanama it is stated that there are two

injuries found on the lower limb of deceased, there is no reference to

any such injury on the lower limb except for one contusion and

abrasion on right thigh. In the light of available evidence as afore stated

applicant prayed that application be allowed.

3. Learned APP opposed application by referring to the report and

statements of uncle, sister of deceased contending that these

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documents established the applicant’s involvement however, could not

refer to any document with reference to query made by Investigating

officer to Medical Officer about injuries found on the back and lower limb

of deceased if they are antimortem injuries. In the circumstances, in the

inquest panchanama, though there is reference of injuries of lower

limbs of deceased, in the absence of report of Medical Officer to the

query as aforesaid, there is nothing to hold that injuries on the lower

limb are antimortem injuries. This aspect is further substantiated as in

the post mortem notes there are no such external injuries referred

therein except for one contusion and abrasion on the right thigh of the

deceased. Admittedly as it is the case of prosecution that, deceased

died of hanging, there is reference of ligature mark around neck in the

form of abrasion and other co-related injuries to her neck mentioned in

the post mortem note. In that view of the matter, prima facie, it is found

that apart from ligature mark and one contusion, abrasion on right thigh

no injuries were found on the person of the deceased which, there for

falsifying contents of statement and report of alleged assault by

applicant to deceased prior to incident along with other co accused

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including father in law of deceased who admittedly is granted bail by

this court.

4. In view of above stated facts, application is liable to be allowed on

parity along with co accused Jairam.

5. With regard to further allegation in the report and the statements

which are admittedly of relatives of deceased, from the report lodged

by father of deceased it would reveal that marriage was performed with

Kedu Gangurde one year before and applicant, her father in law Jairam

were not giving tractor and motor cycle to Kedu-husband of deceased

which vehicles were jointly owned by family members, saying that

husband of deceased should get money from her parents for tractor

and motor cycle. Admittedly Jairam is released on bail by this court.

Learned APP at this stage though has pointed out that application of

Jairam was considered during the pendency of investigation and was

granted bail considering his age of 70 years. These submissions are not

by itself sufficient to reject the application as from the copy of charge

sheet, role attributed to applicant and Jairam are similar and in fact

present application is considered after filing of charge sheet.

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6. In view of facts mentioned as aforesaid and since applicant is in

custody from the date of his arrest as aforesaid, application is allowed

as even otherwise there are no CDRs filed along with charge sheet in

respect of phone calls alleged to have been made by deceased to her

father in the morning of incident In that view of the matter even

considering the allegations made with regard to provisions of Section

306 of the I.P.C. there is nothing to establish that prior to deceased

committing suicide applicant in any manner was instrumental in

instigating or abetting the same. Application is thus allowed as per

order below.

7. It is made clear that the observation made in this order are prima

facie and trial court should not get influenced with the observations

made in this order and shall independently decide the matter on its own

merits.

ORDER

a) Applicant shall be released on bail in CR No.174/2018 registered

with Chandwad Police Station, District Nashik on his executing PR

bond in the sum of Rs.25,000/-with one surety in the like amount.

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b) Applicant shall attend the concerned police station on the first day

of each month initially for a period of 6-months and thereafter quarterly

on the first day of each such month till conclusion of trial.

c) Application is accordingly disposed off.

(P.N. DESHMUKH, J.)

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