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2026 DAILYLAW 10365 (BOM)

SATYAWAN SITARAM BAGAVE v. THE STATE OF MAHARASHTRA

REVN/223/2026 · 2026-09-21

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Judgment text

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8-REVN-223-2026 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 223 OF 2026 1. Satyawan Sitaram Bagave 2. Mangla Sitaram Bagave ...Applicants VERSUS The State Of Maharashtra & Anr. ...Respondents _________________________________________________________________ Mr. Ujjwal Gandhi a/w. Mr. Pratham Jain and Ms. Saakshi Jha, Advocate for Applicants. Mr. S. R. Agarkar, APP for Respondent-State. Mr. Vitthal Pardhi, PSI, Vikhroli Police Station present. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 21st SEPTEMBER, 2026. P.C. : 1. The challenge in this application is to the framing of charge against the applicants. 2. It is prosecution’s case that the deceased was the wife of the applicant No.1 and daughter in law of applicant No.2, due to mental and physical harassment by the applicants, she has committed suicide. 3. It is contention of the learned counsel for the applicants that the deceased had left a suicide note behind and in the suicide note, she has not made any allegations against the applicants. It is submitted that the SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.09.23 12:06:23 +0530 8-REVN-223-2026 (CR).doc S.S.Kilaje applicants have been falsely implicated only on the basis of complaint of first informant without there being any evidence on record. As there is nothing in the suicide note implicating the applicants, no case is made out against the applicants, therefore, requested to allow the application. 4. It is contention of learned APP that there are specific allegations in the FIR against the applicants that they used to ill treat the deceased. It is submitted that, due to continuous mental and physical harassment, the deceased committed suicide. There is prima facie case against the applicants. In order to establish the innocence of the applicants, evidence is required. The learned Additional Sessions Judge has passed well reasoned order. No interference is required in it and requested to reject the application. 5. I have heard both the learned counsel. Perused impugned order and documents produced on record. Though there are allegations against the applicants that, due to their mental and physical harassment, the deceased has committed suicide. The deceased written a suicide note before committing suicide and in the said suicide note, she has not made any allegations against the applicants and she has stated that she was committing suicide of her own accord and no one should be held responsible for her death. Considering these facts as the deceased had not made any allegations against the applicants in her suicide note, no case is 8-REVN-223-2026 (CR).doc S.S.Kilaje made out against the applicants as alleged. However, this fact is not considered by the learned Sessions Court. In these circumstances, continuing trial against the applicants would amount to an abuse of process of law and I pass following order. ORDER (i) The charges framed against the applicants are hereby set aside. (ii) The applicants are discharged from the Sessions Case No. 911 of 2019 arising out of C.R. No. 24 of 2019 registered at Vikhroli Police Station. 6. The Revision Application is allowed and disposed of. (SHIVKUMAR DIGE, J.)