DADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with crime No. 71 of 2020 registered with Belwandi police station, District Ahmednagar for the offences punishable under Sections 306, 504, 506 r.w. 34 of I.P.C . His application bearing Cri (Bail) M.A. No. 131 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge, Shrigonda vide order dated 12.3.2020.

(2.) Learned counsel for the applicant submits that daughter of the applicant was given in marriage to deceased Amol. However, there used to be quarrels between deceased Amol and daughter of the applicant, namely, Kajal. Learned counsel submits that as per the allegations made in the complaint, on 23.2.2020 there was a quarrel between deceased Amol and co-accused Kajal (daughter of the applicant) and co-accused Kajal informed to deceased Amol that if he would take her to Surat then only she would cohabit with him. It has been further alleged in the complaint that co-accused Kajal called her father (present applicant) by making phone call and accordingly at about 9.00 a.m. the applicant had come to her matrimonial house. It has been further alleged that the applicant has abused deceased Amol and further made it clear that if co-accused Kajal is taken to Surat for cohabitation then only he would send Kajal for further co-habitation. Even the applicant had further stated to deceased Amol that even if he dies, they would not come for his cremation and the applicant would perform second marriage of his daughter co-accused Kajal with some other person. Learned counsel submits that this sole incident had taken place on 23.2.2020. As per the allegations made in the complaint, deceased Amol thereafter committed suicide on account of the said incident. Learned counsel submits that only on the basis of the sole incident, it cannot be said that the applicant had instigated deceased Amol to commit suicide. Deceased Amol might have committed suicide in the heat of anger. It may amount to self immolation. Learned counsel submits that there is no evidence about abetment to commit suicide. Learned counsel submits that otherwise also, investigation is almost over for all practical purposes. The applicant may be released on bail by imposing certain conditions.

(3.) Learned A.P.P. has strongly resisted the application on the ground that investigation is still in progress. Learned A.P.P. submits that on 23.02.2020 the applicant allegedly abused deceased Amol, who happened to be his son-in-law, in filthy language and further stated to him that even if he would die, they would not come for his funeral and he would perform second marriage of his daughter co- accused Kajal. Learned A.P.P. submits that so far as the proximity test is concerned, it is shortly after the incident dated 23.2.2020, deceased Amol had committed suicide by hanging himself to the ceiling fan of the house. Learned A.P.P. submits that deceased Amol left a suicide note to that effect. Learned A.P.P. submits that there is a strong prima facie case against the applicant. He may not be released on bail.