LAWS(BOM)-2010-1-56

VIJAY GANPAT UTEKAR Vs. SUNNY SURESH JADHAV

Decided On January 14, 2010
VIJAY GANPAT UTEKAR Appellant
V/S
SUNNY SURESH JADHAV Respondents

JUDGEMENT

(1.) Criminal Application No. 2711 of 2009 is filed by the father of the deceased Prajakta while Criminal Application No. 3502 of 2009 is filed by the State for cancellation of bail. Since both applications are directed against the same order they are disposed of by this common order.

(2.) Respondent No. 1 is the husband of Prajakta (the deceased). Respondent Nos. 2 and 3 are the parents of respondent No. 1. Respondent No. 1 was married to Prajakta on 29th April, 2008. Prajakta committed a suicide on 15th May, 2009 by hanging, allegedly on account of harassment at the hands of respondents. The respondents are charged with an offence punishable under sections 498A, 306 and 304B of the IPC and were arrested on 16th May, 2009. They were released on bail by the Sessions Court by an order dated 25th May, 2009. By these two applications the father of the deceased and the State pray for cancellation of the bail.

(3.) Distinction between rejection of bail at the initial stage and cancellation of bail already granted has been brought out succinctly by the Apex Court in its decision in Puran vs. Rambilas, 2001(6) SCC 338, wherein the Supreme Court has held: