Tushar Balkrishna Nevase vs The State Of Maharashtra
2022 Latest Caselaw 10075 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO.3242 OF 2022
                                                     IN
                                       CRIMINAL APPEAL NO.965 OF 2022

                       Tushar Balkrishna Nevase                          .... Applicant

                                 versus

                       State of Maharashtra                              .... Respondent
                                                        .......

                       •     Mr. Rahul K. Dhayagude, Advocate for Applicant.
                       •     Mr. P. H. Gaikwad, APP for the State/Respondent.

                                               CORAM       : SARANG V. KOTWAL, J.
                                               DATE        : 30th SEPTEMBER, 2022

                       P.C. :


                       1.           This is an application for bail pending final disposal of

                            Criminal Appeal No.965 of 2022 preferred by the Applicant. The

                            Applicant was convicted    by the Additional Sessions Judge,

                            Satara, vide his Judgment and Order dated 07/09/2022 passed

                            in Sessions Case No.159 of 2019. He was convicted for the

          Digitally
          signed by
          MANUSHREE
                            offence u/s 498-A and 306 of the Indian Penal Code. The major
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V         NESARIKAR
NESARIKAR Date:

                            punishment imposed on him was for three years besides
          2022.10.01
          12:49:00
          +0530




                Nesarikar
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     imposition of fine. There were other three accused i.e. parents

     and brother of the Applicant. They were acquitted.



2.            Heard Mr. Rahul K. Dhayagude, learned counsel for the

     Applicant and Mr. P. H. Gaikwad, learned APP for the State.



3.            Learned counsel for the Applicant submitted that there

     is no evidence against the Applicant. Allegations are vague.

     Other co-accused who are similarly placed, are acquitted. The

     sentence is short. The Appeal is not likely to be heard within a

     reasonable time. Therefore the bail should be granted to him.



4.            Learned APP opposed this application. He submitted

     that the offence is serious and the sentence is on lower side.



5.            I have considered these submissions. The deceased had

     got married with the Applicant on 20/06/2016. She delivered a

     baby girl and after a few days she committed suicide by jumping

     in front of a running train on 06/09/2018. The allegations are

     that the Applicant had taken a hand loan for his medical shop
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     and he was asking the deceased to bring Rs.3 lakhs from her

     parents, who were not in a good financial condition. Therefore

     she had refused. But all the accused continued harassing her,

     leading to her commission of suicide. The evidence reflected in

     the judgment shows that the allegations were made against all

     the accused of ill-treatment and yet other three accused were

     acquitted. This will have to be decided during final hearing in

     respect of conviction of the Applicant. The Applicant was on bail

     during trial and there are no allegations that he had misused the

     same. Learned trial Judge has granted him bail u/s 389(3) of

     Cr.P.C. even after his conviction. The Appeal is not likely to be

     decided within three years and therefore the Applicant can be

     granted bail during pendency of his Appeal.



6.            Hence, the following order :


                                 ORDER

(i) During pendency and final disposal of the Criminal Appeal No.965 of 2022, the Applicant is directed to be released on bail on his 4/4 04-IA-3242-22-IN-APEAL-965-22.odt

furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)