Bombay High Court
Sayyed Lal Amir Sayyed And Others vs The State Of Maharashtra on 11 April, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
925 BAIL APPLICATION NO.396 OF 2019
1. Sayyed Lal Amir Sayyed
2. Aalim Sayyedlal Sayyed
3. Tayra Sayyedlal Sayyed
4. Raju Shaikhlal Shaikh ...Applicants
versus
The State of Maharashtra ...Respondent
.....
Advocate for Applicants : Mr. Shaikh Mazhar A. Jahagirdar
APP for Respondent-State: Mr. V.M. Kagne
.....
CORAM : V. K. JADHAV, J.
DATED : 11 th APRIL, 2019
PER COURT:-
1. The applicants are seeking bail in connection with crime No. I-
196 of 2019 registered with Shrirampur City police station, District
Ahmednagar for the offences punishable under Sections 498(A), 306,
323, 504, 506 r.w. 34 of I.P.C. Their application bearing criminal bail
application No. 42 of 2019 with similar prayer came to be rejected by
the learned Additional Sessions Judge, Shrirampur vide order dated
20.03.2019.
2. Learned counsel for the applicants submits that the marriage
of deceased Asma with co-accused Salim Sayyed Lal Sayyed was
performed way back in the year 2011. So far as the present
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applicants are concerned, there are allegations to the extent that
deceased Asma was subjected to ill-treatment on account of some
domestic work. She was not doing the domestic work properly and
even talking her mother-in-law in arrogant manner. Learned counsel
submits that she had given birth to two sons after a long period of co-
habitation. In the year 2017, deceased Asma had initiated proceeding
under the provisions of Protection of Women from Domestic Violence
Act 2005. However, the said proceeding ended into compromise and
accordingly deceased Asma had resumed cohabitation with her
husband. Learned counsel submits that the allegations have been
made mainly against the husband that he used to beat deceased
Asma under the influence of liquor. Learned counsel submits that no
specific incident has been quoted after resumption of the
cohabitation in the year 2017 till the alleged suicidal death of
deceased Asma. Learned counsel submits that it is difficult to believe
that right from the beginning i.e. after some months of marriage, the
applicants alongwith co-accused had started demanding an amount
of Rs.50,000/- and deceased Asma was subjected to ill-treatment for
several years on that count. Learned counsel submits that the
applicants are in jail since 11.3.2019. There is no question of
tampering with the prosecution evidence. They are easily available
for trial. The investigation is almost over for all practical purposes.
The applicants are ready to co-operate the investigating officer, if so
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required. The applicants may be released on bail.
3. Learned A.P.P. has strongly resisted the application on the
ground that there are specific allegations in the complaint as against
all applicants. The applicants have given ill-treatment to deceased
Asma on several counts, including non fulfillment of demand of
Rs.50,000/- etc.. They used to scold and abuse her on petty reasons
and deceased Asma used to disclose about the said ill-treatment to
her parents. Investigation is still in progress. The application may be
rejected.
4. On going through the allegations made in the complaint and on
perusal of investigation papers, it appears that the marriage of
deceased Asma with co-accused Salim had taken place way back in
the year 2011. Even deceased Asma had given birth to two sons. It
has been alleged in the complaint that right from the beginning i.e.
two months after the marriage, deceased Asma was subjected to ill-
treatment on account of non payment of balance amount of dowry of
Rs.50,000/-. It further appears that in the year 2017 deceased Asma
had initiated proceeding under the provisions of Protection of Women
from Domestic Violence Act 2005. However, the said proceeding
ended into compromise and thereafter deceased Asma had started
cohabiting with the co-accused, her husband. I do not find any
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specific instance after the year 2017 indicating that deceased Asma
was subjected to ill-treatment. There are general allegations about
the same. It further appears that all family members are implicated in
the crime. After the year 2017, there are general allegations as
against the present applicants about giving ill-treatment to deceased
Asma by abusing her etc. Thus, considering nature of the
allegations and since further detention of the applicants in jail is
unwarranted and uncalled for, I am inclined to release the applicants
on bail. The applicants are easily available for trial. There is no
question of tampering with the prosecution evidence. The applicants
can be directed to co-operate with the investigation, if so required.
Hence the following order:-
ORDER
I. Application is hereby allowed.
II. The applicants (1) Sayyed Lal Amir Sayyed, (2) Aalim
Sayyedlal Sayyed, (3) Tayra Sayyedlal Sayyed and (4) Raju
Shaikhlal Shaikh, in connection with crime No. I-196 of 2019 registered with Shrirampur City police station, District Ahmednagar for the offences punishable under Sections 498(A), 306, 323, 504, 506 r.w. 34 of I.P.C. be released on bail on furnishing personal bond of Rs.15,000/- each with one surety each of the like amount on following conditions:-
a) The applicants shall not tamper with the prosecution ::: Uploaded on - 11/04/2019 ::: Downloaded on - 12/04/2019 07:39:23 ::: ba396.19 -5- evidence in any manner.
b) The applicants shall attend the concerned police station once in a week i.e. on every Sunday between 8.00 a.m. to 11.00 a.m. till filing of charge sheet.
III. Application is disposed of.
( V. K. JADHAV, J.)
rlj/
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