Aarti Sachin Kamble v. The State Of Maharashtra

1 912.265.19 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 265 OF 2019 Aarti Sachin Kamble .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Rahul S. Kate advocate for the applicant Smt. J. S. Lohokare APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 25, 2019.

P.C.

Sachin, the husband of the applicant came to be murdered resulting into registration of crime being Crime No. 468/2018 registered with Karad City Police Station for offence punishable under sections 302 r/w 34 of the Indian Penal Code wherein applicant came to be charge-sheeted.

There are other co-accused i.e. accused nos. 3 & 4 who are claimed to have murdered the said Sachin.

2 912.265.19 ba.doc The entire investigation and the attributions against the applicant are based on circumstantial evidence. The extra judicial confession made by the applicant to witness Vaishali as is reflected in the statement dated 11/06/2018 is sought to be relied by the prosecution and the company of the applicant with co-accused 3 & 4 after the incident in question. In my opinion, the extra judicial confession given by the applicant to Vaishali will be of hardly any consequence as same cannot be considered but for the only purpose of corroboration. So far as the company of the applicant with accused nos. 3 & 4 after the incident cannot be termed to be incriminating circumstance which can justify her further detention in the crime in question which is already investigated into. As such, following order: (A) Applicant be released in Crime No. 468/2018 registered with Karad City Police Station on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

3 912.265.19 ba.doc (B) Applicant shall not influence witnesses or tamper with evidence.

Application stands disposed of.

[NITIN W. SAMBRE, J.]