Janabai Appa Pendhare v. The State Of Maharashtra

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.03.30 10:58:39 +0530 MANGALTAI JAYWANT JADHAV 926-BA-469-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 469 OF 2023 Janabai Appa Pendhare ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Pratik Kalantri for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 3 MARCH 2023 P.C. :- This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 201 of 2022 registered at Nandgaon Police Station, Nashik Gramin for the offences punishable under Sections 302, 201 r/w 34 of the Indian Penal Code. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

4.

The deceased was the son of the present applicant. It is alleged that the applicant was fed up with the harassment caused by the deceased and thus she hired co-accused to kill him. It is alleged that thus on 7 July 2022 the co-accused, at the instance of present applicant had committed the MJ Jadhav 1 / 2

926-BA-469-23.odt murder of the deceased.

5.

The case is based on circumstantial evidence. The applicant is aged about 75 years. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed:

(i) Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 201 of 2022 registered at Nandgaon Police Station, Nashik Gramin for the offences punishable under Sections 302, 201 r/w 34 of the Indian Penal Code on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2