DEEPAK CHANDUMAL ASRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Lata was the wife of the petitioner and that is stated to be a love marriage. Subsequent to the marriage on the ground of demand of Rs.20,000/- made by the petitioner and his relatives, Lata committed suicide by burning in the house when one else was present. Accordingly, on the complaint of Sulochana, sister of Lata offence came to be registered against the petitioner, his brother Ashok and later's wife and others. Offences under section 498-A and 304-B of the I.P.C. are alleged to be committed. The brother of the petitioner by name Ashok came to be granted bail by this court in Cri.Application No1 149 of 1997.

(2.) I have heard Shri Kanuga for the petitioner and Mrs.Pawar, APP for the Respondent-State. No doubt, Sulochana's complaint refers to demand of Rs.20,000/- but it prima facie, appears that it does not amount to dowry as defined in section 21 of the Dowry Prohibition Act, 1961 and, therefore, offences alleged would be under a section 498-A and 306 of the I.P.C. offence under section 306 of the I.P.C. is punishable with imprisonment for 10 years and not with imprisonment for life or death. Having regard to provisions of section 437 of the Cri.P.C. petitioner will have to be granted bail subject to conditions.

(3.) Accordingly, petitioner is directed to be released on bail on his furnishing solvent surety to the extent of Rs.5,000/- (five thousand) and PR bond for like amount on condition that he shall report to Vithalwadi Police Station once in a week on Monday, at any time between 8 a.m. to 8 p.m.