Bombay High Court
Anant Shripati Dhekane And Anothers vs The State Of Maharashtra on 15 October, 2025
2025:BHC-AUG:29272
904-Criappl-3852-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3852 OF 2025
IN
CRIMINAL APPEAL NO. 759 OF 2025
1. Anant Shripati Dhekane,
Age: 67 years, Occupation: Agril.,
R/o. Jadhavwadi, Tq. & Dist. Osmanabad.
2. Shobha Anantrao Dhekane,
Age: 56 years, Occupation: Household,
R/o. Jadhavwadi, Tq. & Dist. Osmanabad. .....Applicants
VERSUS
The State of Maharashtra .....Respondent
.....
Mr. Salunke Sudarshan J., Advocate for Applicants
Mr. N. D. Batule, APP for the Respondent - State
.....
CORAM : NEERAJ P. DHOTE, J.
DATE : 15.10.2025
PER COURT :
1. Heard the learned Advocate for the Applicants and the learned
APP for the Respondent - State. Perused the copies of evidence and the
Judgments made available.
2. This an Application for suspension of the substantive sentence
imposed on the Applicants by the learned Additional Sessions Judge,
Osmanabad, in Sessions Case No.76/2021, vide Judgment and Order dated
25/09/2025, convicting the Applicants for the offences punishable under
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Sections 498-A, 306, 304(B) read with Section 34 of the Indian Penal Code,
1860 and sentencing them as under :
"1. Accused Nos. (4) Sugriv Anantrao Dhekane, (5) Amruta Biru @
Ananta Dhekane and (6) Biru Shripati Dhekane are hereby acquitted vide
Section 235(1) of Code of Criminal Procedure for the offences punishable
under sections 498-A, 306 and 304(B) r.w. Section 34 of the Indian Penal
Code.
2. Accused (1) Khelba Anantrao Dhekane, (2) Anant Shripati
Dhekane and (3) Shobha Anantrao Dhekane are hereby convicted as per
section 235(2) of code of Criminal Procedure for the offence punishable
under section 498-A read with section 34 of Indian Penal code and thereby
accused No.1 sentenced to undergo simple imprisonment for 1½ years with
fine of Rs.1,500/- (Rs. One Thousand and Five Hundred only) and accused
Nos.2 and 3 sentenced to undergo simple imprisonment for 1 year each
with fine of Rs.1,000/- each (Rs. One Thousand only each). In default of
payment of fine, above mention accused shall further undergo Simple
imprisonment for 06 months each.
3. Accused (1) Khelba Anantrao Dhekane, (2) Anant Shripati Dhekane
and (3) Shobha Anantrao Dhekane are hereby convicted as per section
235(2) of code of Criminal Procedure for the offence punishable under
section 306 read with section 34 of Indian Penal code and thereby accused
No.1 sentenced to undergo simple imprisonment for 5 years with fine of
Rs.5,000/- (Rs. Five Thousand only) and accused Nos.2 and 3 sentenced to
undergo simple imprisonment for 3 years with fine of Rs.3,000/- each (Rs.
Three Thousand only each). In default of payment of fine, accused No.1
shall further undergo Simple imprisonment for 01 year and in default of
payment of fine, accused No. 2 and 3 shall further undergo Simple
imprisonment for 06 months each.
4. Accused (1) Khelba Anantrao Dhekane, (2) Anant Shripati
convicted as per section 235(2) of code of Criminal Procedure for the
offence punishable under section 304 (B) read with section 34 of Indian
Penal code and thereby accused No.1 accused Nos.2 and 3 sentenced to
undergo simple imprisonment sentenced to undergo simple imprisonment
for 9 years and for 7 years each.
5. The sentences which are imposed on the respective accused for the
offences punishable under section 498-A, 306, 304 (B) r/w. Section 34 of
IPC shall run concurrently.
6. There is no any muddemal property seized during investigation
hence, as regards muddemal no any order is passed.
7. The accused No 4 to 6 who are acquitted are directed to furnish
surety bond with fresh bail bond of Rs.15,000/- (Rs. Fifteen Thousand only)
to ensure their presence in case of appeal against judgment, if any, as
contemplated under Section 437-A of the Cr.P.C.
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8. The bail bond of accused persons stands cancelled and their
sureties are discharged.
9. The undergone period in Jail by accused Nos. 1, 2 and 3 be set off
under section 428 of Code of Criminal Procedure.
10. The copy of this Judgment be given to the accused Nos. 1, 2 am 3
free of costs"
3. The case of Prosecution, in brief, is that, the Informant's
Deceased daughter was married to the co-convict - Accused No.1 prior to
four and a half years of the incident. Initially, the convicts treated the
Deceased properly for two (02) to three (03) years, and thereafter, started
harassing her for demand of Rs.50,000/- and one tola of gold. Due to the ill-
treatment, the Deceased committed suicide by hanging herself in the
agricultural field. The investigation was carried out and the Applicants were
charge-sheeted and convicted by the learned Trial Court as above.
4. It is submitted by the learned Advocate for the Applicants that,
the evidence in respect of ill-treatment is not specific. The Applicants are the
in-laws of the Deceased and were on bail during the trial. He submitted that,
on the basis of the evidence available on record, the conviction would not be
sustainable and the Application be allowed.
5. It is submitted by the learned APP for the Respondent - State
that, the evidence of parents of the Victim had established the ill-treatment to
the Victim. It is not possible to give the exact date and details of the ill-
treatment. The ill-treatment was soon before the death, and therefore, the
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presumption under Section 113-B of the Evidence Act, 1872 comes into play.
Thus, the Application many not be granted.
6. There is no dispute that, the death occurred within seven (07)
years of marriage. According to the parents of the Deceased, there was ill-
treatment to the Deceased for demand of dowry and gold. The Deceased
used to tell her parents about the same. Prima facie, the evidence in respect
of ill-treatment is not specific. The cause of death is asphyxia due to
hanging. The postmortem report nowhere shows that, the injuries on the
body so as to indicate any violence, except the ligature mark. The Applicants
are the in-laws and were on bail during the trial. The maximum sentence
imposed on them is that of seven (07) years of simple imprisonment. The
Record and Proceeding with Paper-book is awaited, and therefore, the Appeal
would not come up for final hearing in the near future. In this view of the
matter, I am inclined to pass the following order:
ORDER
[I] Criminal Application is allowed.
[II] The substantive sentence imposed upon the Applicants, namely, (1)
Anant Shripati Dhekane, and (2) Shobha Anantrao Dhekane, by the learned
Additional Sessions Judge, Osmanabad, vide Judgment and Order dated
25/09/2025, passed in Sessions Case No.76/2021, is hereby suspended till the
final disposal of the Appeal.
904-Criappl-3852-2025.odt
[III] The Applicants be released on bail on furnishing P.R. bond of
Rs.15,000/- [Rupees Fifteen Thousand] each, with one surety in the like
amount.
[IV] The Applicants shall co-operate in early disposal of the Appeal.
[V] Bail before the Trial Court.
[VI] Criminal Application stands disposed off accordingly.
[NEERAJ P. DHOTE, J.]
Sameer/October-2025
Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge
