Shitaram Sampat Ghawate vs The State Of Maharashtra
2017 Latest Caselaw 6330 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 CRIMINAL APPELL ATE JURISDICTION

               CRIMINAL BAIL APPLICATION NO.1418 OF 2017


      Sitaram Sampat Chawate                                ..Applicant.
                  V/s.
      The State of Maharashtra                              ..Respondent.


      Mr.V.B.Koshe i/b. Mr.Sachin H.Deokar for the Applicant.

      Mr.S.V.Gavand, APP for the Respondent-State.


                                        CORAM : T.V.NAL AWADE, J.

DATED : 16 AUGUST 2017

P.C.:-

This application is filed for bail in C.R. No.721/2016 for

offence punishable under sections 302, 201of the IPC registered

with Shirur police station, Pune. Heard both the sides. The papers

of investigation are made available for perusal.

2. The deceased Rupali was the wife of the present

Applicant. The dead body of the deceased was found on 6

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November, 2016 around 4.00 p.m. on Golgaon-Nagaregaon road.

Deceased was seen lastly in the company of the Applicant on 4

November, 2016 at about 6.00 p.m. Even the Applicant and

deceased were present in the shop of Santosh and from there the

present Applicant had forcibly taken away the deceased with him.

After that nobody had seen Rupali alive.

3. Death took place due to strangulation of neck. Learned

counsel for the Applicant submitted that the ligature mark was not

complete and so also the possibility of suicide cannot be ruled out.

This submission cannot be accepted at this stage. Further there were

other injuries on the dead body which can be seen from the post

mortem report. Further there are other circumstances. The Applicant

did not report to anybody or inform anybody that Rupali was not in

his company from 5 November, 2016 till 4.00 p.m. to 6 November,

2016. Learned counsel for the Applicant submitted that the medical

evidence is not consistent with the allegations made against the

present Applicant. This submission is not at all acceptable at this

stage. The provisions of section 106 of the Evidence Act can be

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safely used against the Applicant husband of the deceased in view of

the above circumstances. Considering the nature of the offence and

the possibility of tampering of prosecution witnesses by the present

Applicant, this Court holds that this is not a fit case to grant bail to

the applicant. The application is rejected.

(T.V.NAL AWADE, J.)