BA 1067-2024
: 1 :
IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 1067 OF 2024
(CNR NO. MHCC020066202024)
Parag Pankaj Daki
)
… Applicant/Accused
)
)
… Respondent
Versus
The State of Maharashtra
(Through Byculla Police Station)
Ld. Adv. Dayanand Dere with Adv. Rohan Samant
for Applicant /Accused.
Ld. APP. Geeta Sharma for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. N.S. SHAIKH (C.R. NO. 39)
DATED : 10.05.2024.
ORDER
Applicant / Accused has preferred this application under
the provisions of Section 439 of the Code of Criminal Procedure, 1908
for grant of bail in Crime No. 238 of 2024 registered with Byculla Police
Station under Section 306 of the Indian Penal Code.
2.

As per the accused, the father of the deceased victim
lodged complaint on 16.04.2024 alleging that his daughter committed
suicide by hanging herself on 15.04.2024. During investigation, her
mobile phone was seized and two videos were found in the mobile
phone wherein the deceased victim stated, if anything happens to her, it
is because of accused as accused was abusing her, her sister, mother and
BA 1067-2024
: 2 :
father in filthy language. The deceased victim also stated that she is
taking her life as she can not tolerate it anymore. Hence, the complaint
is filed.
3.

As per accused, he is falsely implicated in the offence. He
has never abated or instigated the victim who committed suicide. As
per the accused, he has no criminal antecedents. He is sole earner of
the family. As per the accused, no reason is mentioned in the FIR as to
the reason for which victim took such drastic steps. He shows
willingness to abide the terms and conditions of bail, if imposed on him.
4.

The prosecution resisted the application by filing Say at
Exh. 02. It is contended that the mobile phone of the deceased victim is
seized and audio video clips are copied in Pen Drive. The accused is
arrested on 16.04.2024 and at present, he is in judicial custody. As per
prosecution, the accused and complainant are residents of same locality.
Hence, in case, the accused is released on bail, he will threaten
witnesses. The voice sample of accused is required to be obtained. It is
disclosed from the investigation that accused was frequently abusing
the deceased through Whats app chat and in the video the victim has
disclosed of committing suicide due to the abuses by accused. Hence,
application is sought to be rejected by contending that the investigation
is in progress.
5.

The complainant intervened and filed Reply vide Exh. 05. It
is contended that accused and victim were relatives and accused
tortured deceased since long. Accused has abated the suicide of victim.
There were continuous phone calls between the accused and deceased
BA 1067-2024
: 3 :
and the investigation is in a primary stage. Hence, application is sought
to be rejected.
6.

Heard learned advocate for the accused, prosecutor and
advocate for intervener. Perused the application, Say of prosecution,
Reply of intervener and Copy of FIR.
7.

The learned counsel for the accused argued that no reason
is mentioned in the FIR that what was the reason for which accused was
abusing the deceased victim. It is the contention of the learned counsel
for the accused that the victim proposed accused, but he refused and
due to the grudge, she has named him. He also submitted that in case
the victim was being harassed by the accused what stopped the
deceased to disclose it to her family members.
8.

As per the learned counsel for the accused there was no
abatement by the accused and therefore, the provisions under Section
306 of IPC are not applicable. To support his contention he relied on
the case of Subhash s/o Balbhim Deshmukh and Ors. Vs. The State of
Maharashtra and Anr., Criminal Application No. 39 of 2019 dtd.
23.07.2019 in which the Division Bench of Hon’ble High Court observed
that “it can not be said that the utterance of filthy words towards
womanfolk of family caused humiliation, insult and mental shock to
deceased and eventually the drastic step of commission of suicide was
taken.”
9.

I have carefully perused the cited case. In the cited case,
the Hon’ble High Court was dealing with application under Section 482
of Cr.P.C. and in that case, the investigation was already completed and
BA 1067-2024
: 4 :
Charge-sheet was also filed. As per the prosecution, the investigation is
in progress as the voice sample of the accused is to be obtained for
further investigation. Hence, it is seen that the investigation in this
matter is not yet completed and the voice sample of the accused is to be
obtained. Hence, at this stage, I do not find that the accused is entitled
to be released on bail. Therefore, I proceed to pass following order ORDER
The Bail Application No. 1067 of 2024 stands rejected.

(N.S. SHAIKH)
Additional Sessions Judge
City Civil And Sessions Court
Greater Bombay.

Date :- 10.05.2024.
Dictation Typed on
Checked & Signed on
:
:
10.05.2024.
10.05.2024.

BA 1067-2024
: 5 :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10.05.2024 at 1.20 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. N.S. SHAIKH
room No.)
(C.R. No. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 10.05.2024
JUDGMENT/ORDER signed by P.O. 10.05.2024
on
JUDGMENT/ORDER uploaded on
10.05.2024