Bombay High Court
Sagar Sahebrao Chavan vs State Of Maharashtra on 30 January, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2024:BHC-AS:4446
8 BA 315.24.doc
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 315 OF 2024
Sagar Sahebrao Chavan ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Kuldeep U. Nikam, Advocate for the Applicant.
Ms. S.S. Kaushik, APP for the Respondent-State.
CORAM : MADHAV J. JAMDAR, J.
DATED : 30th JANUARY 2024
P. C.
1. Heard Mr. Nikam, learned Counsel appearing for the Applicant
and Ms. Kaushik, learned APP appearing for the Respondent-State.
2. This regular Bail Application is preferred under Section 439 of
the Code of Criminal Procedure, 1973. The relevant details are as
follows:-
1. C. R. No. 607 of 2023
2. Date of registration of F.I.R. 24th September 2023
3. Name of Police Station Sinnar, District-Nashik
4. Section/s invoked 306, 304-B, 498-A, 342, 406, 323,
504 and 34 of I.P.C., 1860
5. Date of incident on the intervening night of
21st September 2023 and
22nd September 2023.
6. Date of arrest 24th November 2023
7. Date of filing Charge-sheet 25th November 2023
1/5
::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 06:49:06 :::
8 BA 315.24.doc
Dusane
3. As per the prosecution case, the deceased died by suicide on
the intervening night of 21st September 2023 and 22nd September
2023. The allegation is that a demand for dowry was made by the
Applicant. The Applicant and other accused were not allowing the
deceased to visit her parental residence. The deceased was not
allowed to talk on cellular phone and she has not been allowed to
use separate cellular phone. The Applicant used to forcibly confine
the deceased in their matrimonial house by locking the same when
he used to go out for his work.
4. It is the contention of Mr. Nikam, learned Counsel appearing
for the Applicant that investigation has been completed and that
Charge-sheet has been filed on 25th November 2023. He submitted
that considerable time will be required for conclusion of trial. He
further submitted that except for the statement of family members of
the deceased, there is no statement by any outsiders supporting the
case of the prosecution.
5. Mr. Nikam, learned Counsel appearing for the Applicant has
relied on the decision of the Supreme Court of India in the case of
Bhagwan Das v. Kartar Singh1. He relied on paragraph no. 15 of the
said judgment, which reads as under:
"15. In our opinion the view taken by the High
Court is correct. It often happens that there are
1 (2007) 11 SCC 205
2/5
::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 06:49:06 :::
8 BA 315.24.doc
Dusane
disputes and discords in the matrimonial home
and a wife is often harassed by the husband or her
in-laws. This, however, in our opinion would not
by itself and without something more attract
Section 306 IPC read with Section 107 IPC."
6. On the other hand, Ms. Kaushik, learned APP strongly opposed
the Bail Application. She submitted that the deceased was not even
allowed to use a mobile phone. She used to be confined in her
matrimonial house by the Applicant. A demand for dowry was made
and therefore the Applicant does not deserve to be enlarged on bail.
7. Perusal of the Charge-sheet and statements annexed thereto
show that the incident had occurred on the intervening night of 21st
September 2023 and 22nd September 2023. The F.I.R. was lodged on
24th September 2023. The Applicant was arrested on 24th
September 2023. The investigation has been completed and Charge-
sheet has been filed on 21st November 2023. As per the Charge-
sheet, there are about 20 witnesses proposed to be examined by the
prosecution. The trial is likely to take a considerably long time.
8. Mr. Nikam, learned Counsel appearing for the Applicant states
that as several witnesses are residing in the same locality as that of
the Applicant, the Applicant will therefore not reside within Taluka-
Malegaon and Taluka-Sinnar, District-Nashik and that the Applicant
will reside outside the said area i.e. at his uncle's residence C/o.
Gorak Shravan Chavan, N/52, AH/2/11/4, Pavan Nagar, Near
3/5
::: Uploaded on - 30/01/2024 ::: Downloaded on - 01/02/2024 06:49:06 :::
8 BA 315.24.doc
Dusane
Merchant Bank, C.I.D.C.O., Nashik, District- Nashik.
9. The Applicant does not appear to be at risk of flight.
10. The Applicant does not have any criminal antecedents.
11. Accordingly, the Applicant can be enlarged on bail by imposing
conditions. In view thereof, the following order:-
ORDER
(a) The Applicant-Sagar Sahebrao Chavan be released
on bail in connection with C. R. No.607 of 2023 registered
with the Sinnar Police Station, Taluka-Sinnar, District-
Nashik on his furnishing P. R. Bond of Rs.25,000/- with one
or two solvent sureties in the like amount.
(b) The Applicant shall not enter the Malegaon and
Sinnar Taluka, District-Nashik after being released on bail,
except for reporting to the Investigating Officer, if called
and for attending the trial.
(c) On being released on bail, the Applicant shall
furnish his cell phone number and residential address to
the Investigating Officer and shall keep the same updated,
in case of any change thereto.
(d) The Applicant shall report to the Ambad Police
Station, District-Nashik once every month, on first Sunday
between 11.00 a.m. and 1.00 p.m. till the conclusion of the
8 BA 315.24.doc
Dusane
trial. The Police Inspector of Ambad Police Station, District-
Nashik to communicate details thereof to the Investigating
Officer.
(e) The Applicant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade such
a person from disclosing the facts to the Court or to any
Police personnel.
(f) The Applicant shall not tamper with the evidence
and shall not contact or influence the Complainant or any
witnesses in any manner.
(g) The Applicant shall attend the trial regularly. The
Applicant shall co-operate with the Trial Court and shall
not seek unnecessary adjournments thereat.
(h) The Applicant shall surrender his passport, if any,
to the Investigating Officer.
12. The Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
