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Rohan Sharad Sawant vs The State Of Maharashtra on 23 September, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1668 OF 2019

Rohan Sharad Sawant …. Applicant

Versus

The State of Maharashtra …. Respondent

—–
Mr. Sanjiv P. Kadam i/b. Mohan Rao, Advocates for Applicant.
Mr. Prashant Jadhav, APP for the State/Respondent.
Mr. A. V. Kandar, PC-598, Vengurla Police station, Dist. Sindhudurg,
present.

—–

CORAM :SARANG V. KOTWAL, J.
DATE :23rd SEPTEMBER, 2019

P.C. :

1. The Applicant is seeking his release on bail in

connection with C.R.No. 22 of 2019 registered with Vengurla

Police Station, Dist. Sindhudurg, under sections, 304B, 306 and

498A of the Indian Penal Code. The applicant was arrested on

11/03/2019 and since then he is in custody. The investigation is

over and the chargesheet is filed.

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2. The FIR is lodged by brother of the deceased Suvarna.

The first informant Subodh in his FIR had stated that the deceased

had got married with the applicant about 5 years prior to the

incident. They were blessed with twins. The deceased was working

earlier with the Town Planning Department at Sindhudurg, but

since 2017 she had left her job and was residing with the

applicant. It is his case that the deceased was complaining

regularly that the applicant was harassing her, assaulting her and

was demanding money from her. The informant and others used to

be assured by the applicant that the deceased would be treated

properly and on such assurance the informant and others allowed

the deceased to reside with the applicant. He has mentioned that

from January 2019, at least on 7 to 8 occasions the deceased had

come to their house and had complained that the applicant was

harassing her and on every such occasion the applicant used to

come to her place to take her back on the assurance that she

would be treated properly. On 09/03/2019, at about 9.30p.m. the

informant was told by his mother that the deceased was being

assaulted by the applicant, therefore, the informant called the

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applicant. At that time, he heard that the applicant was shouting

on the deceased and was asking her to leave the house. On the

next day i.e. on 10/03/2019 the informant came to know that the

deceased had jumped in the sea and had committed suicide. On

this basis, the FIR is lodged.

3. The Postmortem notes shows that the death was due to

“Asphyxia due to drowning with evidence of antemortem multiple

injuries over the body”. There were 12 injuries on the dead body

which were in the nature of impact abrasion, contusion, graze

abrasion etc.

4. The charge-sheet contains statements of the parents of

the applicant and parents of the victim etc.

5. Heard Mr. Sanjiv Kadam, learned counsel for the

applicant and Mr. Prashant Jadhav, learned APP for the State.

6. Shri. Kadam submitted that the allegations against the

present applicant are vague. The applicant was residing peacefully

with the deceased. The deceased herself was taking treatment

from a Doctor since past about 7 to 8 years as is reflected in his

communication to the police. He relied on such communication

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given by Dr. Meghnath Lele to the Inspector of Police, Vengurla

police station on 30/03/2019. Shri. Kadam relied heavily on his

opinion. He submitted that though there are allegations of demand

of money, these allegations are vague. He submitted that the

injuries on the dead body could be caused due to the impact while

she jumped from a bridge. Learned APP relied on the statement of

the mother of the applicant. She has stated that at the night when

applicant had left the house, just before that there was quarrel

between the applicant and the deceased. Her statement also

reveals that the deceased was complaining to her that the

applicant was harassing her for money.

7. I have considered all these submissions. While it is true

that there are allegations in the FIR and even in the statement of

the mother of the applicant that the applicant was harassing

deceased for money, these allegations would have to be seen in the

light of the medical treatment which was being taken by the

deceased.

8. As mentioned earlier, Dr. Meghnath lele had sent a

communication to the P.I. Vengurla Police station. This Medical

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Officer has categorically informed that deceased was taking

treatment from him since past more than 7 to 8 years, that means,

she was being treated since before her marriage. The FIR and the

statements of her parents are silent on this aspect. It is further

mentioned by the Doctor that the deceased was taking treatment

in respect of her nature and behaviour. According to him, she was

suffering from the illness of strange behaviour. The medical papers

show that on 06/07/2018 the Doctor had advised that some

relative had to accompany the deceased continuously. It shows that

the deceased was suffering from some kind of depression and the

doctor had advised that somebody had to be around her all the

time. This opinion and circumstance support the submission of

Shri. Kadam that the deceased had suicidal tendency. This fact will

also have to be decided during the trial after entire evidence is led

by the prosecution. However, at this stage, sufficient doubt is

created in favour of the applicant to suggest that the deceased

might have taken this extreme step because of her state of mind.

Considering this aspect and since the charge-sheet is already filed,

I am inclined to grant bail to the applicant.

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9. Hence, the following order :

ORDER

(i) In connection with C.R. No. 22 of 2019
registered with Vengurla Police Station, Dist.
Sindhudurg, the applicant is directed to be
released on bail on his furnishing PR bond in the
sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) with one or two sureties in the
like amount.

(ii) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)

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