Swapnil Suresh Bagad vs The State Of Maharashtra
2021 Latest Caselaw 9877 Bom

                                                              13 ia 1555-21.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 1555 OF 2021
                                   IN
                         APPEAL NO. 505 OF 2021


      Swapnil Suresh Bagad                              ..Applicant

                  v/s.

      The State of Maharashtra               ..Respondent/s
      an
      Mr. Aniket U. Nikam for the Applicant.
      Mr. P.H.Gaikwad, APP for the Respondent-State.

                         CORAM : ANUJA PRABHUDESSAI, J.

DATED : JULY 28, 2021.

P.C.

1. This is application under Section 389 Cr.P.C. filed by the

Applicant seeking suspension of sentence and enlargement on bail.

By the impugned judgment, the learned Sessions Judge has held

the Applicant guilty of offences under Section 306 and 498A of

IPC. The applicant has been sentenced to undergo rigorous

imprisonment for a terms of 10 years and fine of Rs.10,000/- i.d.

to undergo s.i. for six months for offence under Section 306 of

IPC, and imprisonment for a period of 3 years and fine of

Rs.5000/- I.d. to undergo s.i. for 1 month, for the offence

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punishable under Section 498A of IPC.

2. The case of the prosecution in brief is that the Applicant

herein was married to deceased Revti on 15.04.2012. She had

committed suicide on 16.05.2014. The father of the deceased had

lodged the FIR on 20.05.2014 alleging that the Applicant and his

family members had subjected his daughter Revti to cruelty due to

demand of dowry and that she had committed suicide because of

the cruelty meted out to her.

3. The learned trial Court has convicted and sentenced the

Applicant as stated above and has acquitted the other accused for

the offences p.u.s. 306 and 498A IPC.

4. The evidence of PW1 Nigappa Satappa Tegginkeri, father of

the deceased indicates that the deceased was married to the

Applicant. After marriage, his daughter was residing at the

matrimonial house along with the Applicant and the other co-

accused. He has stated that the Applicant was a chronic alcohol

addict . Apart from the omnibus allegation, that the Applicant and

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the other co-accused had asked him to extend financial help to the

sister of the Applicant to construct the house, there are no

allegations that the Applicant herein had subjected the deceased to

cruelty, or that he had abetted the suicide.

5. It is sought to be contended that a day prior to the death of

deceased, PW2 Gangadhar, brother of the deceased had

transferred Rs.11,000/- to the account of the Applicant herein. In

this conext PW2 has stated that he had received a call from his

sister to transfer the money in the account of her husband. His

statement does not prima facie indicate that the said money was

demanded by the Applicant or his family members. She had not

disclosed any reasons for making such request. Under the

circumstances, mere transfer of money in the account of the

Applicant cannot be termed as a demand for dowry, as normally

understood.

6. It is also pertinent to note that the Applicant was on bail

during pendency of the case. He has not misused the liberty.

Considering the above facts and circumstances, in my considered

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view, this is a fit case for suspending the sentence and enlarging

the Applicant on bail pending disposal of the appeal. Hence, the

Application is allowed and the Applicant is ordered to be enlarged

on bail on the following terms and conditions.

          (i)      The application is allowed.



           (ii)    The execution of sentence imposed in Sessions Case N.

224 of 2016 vide judgment dated 29.04.2021 is suspended

till disposal of the appeal on merits, on the applicant

furnishing fresh bail bond in the sum of Rs.25,000/- with one

or two solvent sureties in the like amount;

(iii) The Applicant shall report to the trial Court, once in

six months on the day specified by the trial Court, till the

appeal is finally disposed of;

(iv) The applicant shall keep the trial Court informed of his

current address and mobile contact numbers and/or change

of residence or mobile details, if any, from time to time;

(v) If there are two consecutive defaults in appearing

before the trial Curt, the learned Judge shall make a report to

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the High Court and the prosecution would be at liberty to file

an application seeking cancellation of bail.

. Application is accordingly disposed of.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR

(ANUJA PRABHUDESSAI, J.) SALGAONKAR Date:

2021.08.02 12:48:55 +0530

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