Bombay High Court
Chandu S/O. Jalba Narwade vs The State Of Maharashtra on 26 April, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 BA 106.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.106 OF 2019
CHANDU S/O. JALBA NARWADE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Y K Delmode h/f G T
Kharate
APP for Respondent : Mr. V M Kagne
...
CORAM : V.K. JADHAV, J.
Dated: April 26, 2019
...
PER COURT :-
1. The applicant is seeking regular bail in
connection with Crime No.0221 of 2018 registered with
Hatta Police Station, District Hingoli for the offences
punishable under sections 306, 498-A, 323, 504, 34 of
IPC. His application with similar prayer bearing
Criminal Bail Application No.271 of 2018 came to be
rejected by the learned Additional Sessions Judge,
Basmathnagar vide order dated 12.12.2018.
2. Learned counsel for the applicant submits
that the applicant is old aged person. Investigation is
over in this case and charge sheet has been submitted.
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2 BA 106.2019.odt
The learned counsel submits that on the same set of
allegations co-accused husband of the deceased came to
be released on bail. Allegations about ill-treatment and
beating have been made mainly against the husband.
Deceased was given in marriage some 10 years back
and she had two children out of her marital wedlock.
Learned counsel submits that as per the prosecution
evidence and particularly dying declaration of the
deceased, it appears that in the hit of anger, deceased
had committed suicide. The applicant is above the age
of 65 years. He may be released on bail.
3. Learned A.P.P. has strongly resisted the
application on the ground that, prima facie, there is
strong evidence about abetment of commission of
suicide. On the day of incident, quarrel had taken place
between the applicant, his wife and son on one side and
the deceased on the other side. In consequence thereof,
the applicant has poured kerosene on the person of the
deceased and told her that either she should commit
suicide or let them die peacefully. There is strong prima
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3 BA 106.2019.odt
facie case against the applicant. The applicant may not
be released on bail.
4. On perusal of the charge sheet, I find that
the allegations about ill-treatment have been made
mainly against co-accused husband. However, on the
date of incident, as a consequence of the quarrel, the
applicant had poured kerosene on the person of the
deceased and uttered certain words, however, in the hit
of anger deceased had set herself on fire with the help of
match stick. The applicant is above the age of 65 years.
Thus, considering his age and nature of the allegations,
I am inclined to grant bail to the applicant. Hence,
following order.
ORDER
1. The application is hereby allowed.
2. The applicant - CHANDU S/O. JALBA NARWADE in connection with Crime No.0221 of 2018 registered with Hatta Police Station, District Hingoli for the offences punishable under sections 306, 498-A, 323, 504, 34 of IPC be released on bail on aaa/-
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a] The applicant shall not tamper with the prosecution evidence in any manner.
3. Application is accordingly disposed off.
( V.K. JADHAV, J. ) ...
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