IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1247 OF CRIMINAL APPLICATION NO. 1247 OF CRIMINAL APPLICATION NO. 1247 OF 2008 2008 2008 IN IN IN CRIMINAL APPEAL NO. 1161 OF 2008 CRIMINAL APPEAL NO. 1161 OF 2008 CRIMINAL APPEAL NO. 1161 OF 2008 Shri Pravin Ganesh Bhoir ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.H.H. Ponda for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 20, 2008 DATED : NOVEMBER 20, 2008 DATED : NOVEMBER 20, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is convicted by the trial court for the offence punishable under Sections 420 and 306 of the IPC and is sentenced to suffer RI for 7 years for the offence punishable under Section 420 and to pay fine of Rs.5000/- and in default, to suffer further RI for six months and for the offence punishable under Section 306 of the IPC, he is sentenced to suffer RI for 7 years and pay fine of Rs.6000/- and in default, to suffer further RI for eight months. - 2 - 3. The appeal filed by the applicant has been admitted. The applicant was on bail during trial. 4. Prosecution case is that the applicant had a love affair with the deceased Sonali Mhatre. The said love affair was continued for a period of five years. During this period, on two occasions, the deceased had become pregnant as a result of the relations she had with accused and on both the occasions she had committed abortion. Prosecution case is that the applicant initially had given a false promise to deceased Sonali that he would marry her and on the false representation had seduced her to have love affair with him. The deceased Sonali was 21 years of age. Prosecution case is that on 9th April, 2005, the applicant and the deceased had agreed to meet at the Sandhurst Road Railway station. The deceased had gone to the Railway Station alongwith her paternal aunt. However, the applicant did not turn up at the meeting point. Thereafter, the deceased came home and poured kerosene on herself and set herself on fire. Thereafter, she was - 3 - admitted in the hospital. A dying declaration was recorded and the deceased succumbed to burn injuries. A complaint was lodged against the applicant for the offence punishable under Sections 420, 376 and 306 of the IPC. The trial court acquitted the applicant for the offence punishable under Section 376 on the ground that the deceased had stated that she had sexual relations with the applicant by mutual consent. The trial court, however, has convicted the applicant for the offence punishable under Sections 420, 306 of the IPC. 5. Counsel for the applicant submitted that even if the entire prosecution is accepted, no case is made out for the offence punishable under Section 420 of the IPC since there was no wrongful loss caused to the deceased or wrongful gain to the applicant. He further submitted that no case of abatement is made out by the prosecution as envisaged under Section 306 of the IPC. 6. Shri More, the learned APP for the State, on the other hand, vehemently opposed the application for grant - 4 - of bail. It is submitted that the applicant after having promised the deceased to marry her, had taken undue advantage and had sexual relations with her on the false assurance which was given by him. He submitted that relying on the false assurance of the applicant, the deceased had conceived twice and on both the occasions, she had committed abortion at the instance of the applicant. He submitted that thereafter, the mother of the deceased had informed her that she should not keep any relations with the applicant. However, inspite of this, the applicant used to harass the deceased by making phone calls to her neighbour and as a result, Sonali had gone to Sandhurst Road Railway Station to meet him. He submitted that because of the constant harassment by the applicant, the deceased had no other option but to commit suicide and therefore, the ingredients under Section 376 had been established by the prosecution. 7. In my view, the submission made by the learned APP for the State cannot be accepted at this stage. The applicant has filed the application for bail. He was on - 5 - bail during trial. The applicant is not likely to abscond since he is a permanent resident of Bombay. The appeal is not likely to come up for hearing for sometime. All these submission made by the learned APP for the State will have to be considered at the time of the final hearing. In my view, the applicant has made out a case for grant of bail. 8. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Dongri Police Station once in a month pending the hearing and final disposal of the appeal. 9. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)