1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1981 of 2010 (Balu Keru Hivale vs. The State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. N.B.Narwade, Advocate for the applicant. Mrs.V.A.Shinde, APP for the respondent. ... CORAM: A.V.POTDAR, J. DATE:14-7-2010 P.C.:- 1. By the present application the applicant has approached this Court for his release on bail in connection with Crime No.I-61/2010, registered in Shrigonda Police Station of district Ahmednagar in which the applicant came to be arrested on 10th of March, 2010, in which, after completion of investigation, chargesheet was filed in the Court of Judicial Magistrate, First Class, Shrigonda on 17th April, 2010 and the case is numbered as No.55/2010. 2 2. Earlier the application was on Board on 25th June, 2010. On that day, while the submissions of Counsel for the applicant were in progress and, during the course of submission, Counsel for the applicant brought to the notice of this Court the statements of the witnesses recorded during the investigation which disclosed certain heinous acts to the credit of the present applicant disclosed by the deceased which provoked her to commit suicide but, in the papers of investigation filed with the chargesheet, this Court did not find any Chemical Analyzer's report. Hence, instructions were given to the learned A.P.P. to get the Investigating Officer present at the time of final submissions in this application. Today, the investigating officer is present in the Court and, in his presence, the application was finally heard. 3. Perusal of the record indicates, the death of the deceased was caused due to burn 3 injuries for which her dying declaration disclosed that in the afternoon of 18th of Feb., 2010, at about 1.30 p.m. at her residence, she poured kerosene on her person and set herself on fire. At about 3.30 p.m., she was admitted in Choure Hospital at Shirur where history of burn injuries sustained was recorded as accidental. It appears, in the presence of medico, Police have recorded the first statement of the deceased which does not corroborate or disclose any allegation against the present applicant. It appears, on 19th Feb.,2010, she was transferred to Sasoon Hospital but, before that, certain investigation was carried out by the Police. When specifically questioned that, in such unnatural situation, when a female sustained burn injuries, and is brought in the hospital, where, without intimating to the Police, certain treatment was provided to her, whether any action was initiated against those hospitals, to which question, the 4 game of hide and seek appears to have been played by the investigating agency, as they do not want to take any action against the hospital where such patient was treated, without intimating to the Police. It is for the higher authorities of Police to make investigation in that respect for the requisite action against the concerned but the fact reveals, because of such inaction on the part of the investigating officer, they allowed real culprits to escape from the clutches of law. 4. It appears, in the Sasoon Hospital, second dying declaration of the deceased was recorded where she disclosed that, as she was sexually ravished by the applicant, who is in her relation - brother of her father-in-law, which act on the part of the applicant was unbearable to her, as it was repeated act, she was fed up with the life and committed suicide. It is to be noted that the deceased succumbed to death on 5 23st Feb.,2010, three to four days after the alleged incident. The fact remains, during this period, statements of the husband, grand mother-in-law and the real father-in-law of the victim were recorded. It is very surprising to note that the act alleged against the applicant was informed to the husband only on 21st of Feb.,2010 and that is when the deceased was on the death bed. Statement of mother of the victim was also recorded during the investigation who was frequently on visiting terms to the residence of the victim but, it appears, during these visits also, there was no disclosure about this alleged acts at the hands of the applicant. So far as statement of real father-in-law and grand mother-in-law are concerned, it is on the same footing. 5. In this background, learned Counsel appearing for the applicant contended across the Bar, if there are repeated acts alleged against the applicant, for 6 which the victim/deceased was fed up and was constrained to commit suicide, why she kept mum during all this period and, to support the alleged act at the hands of the applicant, there is no practical investigation at the hands of investigating officer when the investigating officer realized about these allegations against the applicant and the applicant was arrested initially in the month of March 2010. For certain period he was in police custody and was later on remanded in magisterial custody. The allegation, as is made against the applicant, appears to be unnatural if not disclosed to anybody because of which victim was fed up of her life and was constrained to commit suicide. As now investigation is over, this Court, because of these lapses on the part of the investigation, do not feel it proper to detain the applicant behind the bars for uncertain period but it is to be held that case is made out to enlarge the applicant/accused on 7 bail with certain conditions. Hence, the order. ORDER (a) Application (No.1981/2010) is allowed. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on furnishing P.R.bond in the like amount. (b) After release on bail, applicant not to leave the local jurisdiction of Shrigonda Police Station without prior permission in writing from concerned Criminal Court. Application stands disposed of accordingly. (A.V.POTDAR ) JUDGE ... agp/1981-10crapl