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Sachin Kashinath Wani vs The State Of Maharashtra on 4 September, 2019

ba.808.19.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 808 OF 2019

Sachin Kashinath Wani …Applicant
Versus
The State of Maharashtra …Respondent

Ms. Misbah Solkar a/w Ms. Rahila Memon I/b Mr. Solkar Mohammed
Haroon for the Applicant

Ms. P. P. Shinde, A.P.P for the Respondent-State

API Mr. Atul M. Sonawane from Vitthawadi Police Station, is present

CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 4th SEPTEMBER 2019

P.C. :

1 Heard learned counsel for the parties.

2 By this application, the applicant seeks his enlargement on bail

in connection with C.R. No. I-73 of 2018 registered with the Vitthalwadi

Police Station, Kalyan, District Thane, for the alleged offences punishable

under Sections 498A and Section302 of the Indian Penal Code.

3 Perused the papers. The complainant’s daughter-Geeta

(deceased) was married to the applicant on 10th June 2010. From the said

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marriage, the applicant and the complainant-Geeta had two children, who

were 7 and 5 years at the relevant time. According to the prosecution, the

applicant was insisting Geeta to bring money from her parents, for

purchase of a house, pursuant to which, there was a quarrel between them.

It is further alleged that though the complainant had provided initial help to

the applicant in purchasing an auto rickshaw, the applicant subsequently

sold the same and was thereafter insisting that Geeta should again bring

money from her parents, for purchasing a house. On 13 th March 2018,

Geeta committed suicide by hanging herself from the ceiling fan. Pursuant

thereto, Geeta’s father lodged the aforesaid complaint as against the

applicant alleging offences punishable under Sections 498A and Section306 of the

Indian Penal Code. It appears that subsequently after the applicant’s

daughter’s statement was recorded after three days, that Section 302 was

added.

4 Learned counsel for the applicant submits that the statement of

applicant’s daughter, aged 5 years, was recorded after three days of the

incident, when she was in the custody of her grandparents. She further

submits that there is no material to show that the door was latched from

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outside by the applicant, after the alleged incident. The panchanama of the

spot also does not show whether the door was latched from outside or from

inside. According to the spot panchanama, Geeta was found hanging on a

ceiling fan.

5 Learned counsel for the applicant has tendered an affidavit-

cum-undertaking of the applicant that he would not contact his daughter

nor seek her custody from her grandparents till the conclusion of the trial.

The said affidavit-cum-undertaking is taken on record and marked `X’ for

identification.

6 Whether or not the offence is one under Section 306 or 302, is

a matter, which will be decided by the trial Court. The applicant is in

custody since March 2018. Investigation is complete and charge-sheet is

filed.

7 Considering the aforesaid, the application is allowed on the

following terms and conditions :

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ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the

sum of Rs. 15,000/- with one or two sureties in the like amount;

(ii) The applicant shall attend the concerned Police Station on the

first Saturday of every month from 10:00 a.m. to 11:00 a.m, for a

period of 24 months from the date of his release;

(iii) The applicant shall not tamper with the evidence or attempt to

influence or contact the complainant, witnesses or any person

concerned with the case;

(iv) The applicant shall inform his latest place of residence and

mobile contact number and/or change of residence or mobile details,

if any, from time to time to the Court seized of the matter and to the

Investigating Officer of the concerned Police Station;

(v) The applicant to cooperate with the conduct of the trial and

attend all the dates before the trial Court, unless exempted;

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(vi) The applicant shall file an undertaking with regard to clauses

(ii) to (v) in the trial Court, within two weeks of his release;

(vii) If there are two consecutive defaults either in attending the

Police Station or in appearing before the trial Court, or breach of any

of the aforesaid conditions, the prosecution shall be at liberty to seek

cancellation of the applicant’s bail.

8 The application is accordingly disposed of.

9 It is made clear that the observations made herein are prima

facie, and the trial Court shall decide the case on its own merits, in

accordance with law, uninfluenced by the observations made in this order.

10 All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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