Surekha Duryodhan Kamble And ORS v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1740 OF 2019 Surekha Duryodhan Kamble & Ors.
.... Applicants versus The State of Maharashtra .... Respondent • Mr. Satyavrat Joshi I/b. Jaydeep D. Mane, Advocate for the Applicants.
• Smt. A. A. Takalkar, APP for the State/Respondent. • Mr. J. S. Salunkhe, API, Jodbhavi Peth Police Station, Solapur, present.
CORAM : SARANG V. KOTWAL, J.
DATE : 19th JULY, 2019 P.C. :
1.
At the outset, Ld. Counsel for the applicants makes a statement that he is not pressing this application for applicant No.3. Ld. Counsel for the applicants prays for liberty on behalf of Applicant No.3 to move an appropriate Court after the chargesheet is filed in this case. Liberty, as prayed for, is granted. Therefore, the application of the applicant No.3 is disposed of with liberty to her to approach the appropriate Court after filing of the Mamta Kale
2 / 4 chargesheet.
2.
The present application is considered only for applicant Nos.1 and 2.
3.
The applicants are seeking bail in connection with C.R. No.268/2019 registered with Jodbhavi Peth Police Station, Solapur under Sections 307, 143, 147, 323, 504, 506 r/w. 149 of IPC. The applicants are arrested on 26/5/2019 and since then they are in custody.
4.
The FIR in this case is lodged by one Savita Kamble on 26/5/2019. She has stated in her FIR that she was earlier married to one Deepak Kamble. He was addicted to liquor which led to his death about two years prior to the lodging of FIR. The first informant got married with her neighbour Akash Kamble on 7/3/2019. On that count, the relatives of the first husband Deepak were on inimical terms with the first informant. The applicant No.1 is mother of the informant's first husband Deepak
3 / 4 and applicant No.2 is cousin of Deepak. It is her case that, on 25/5/2019 informant's husband Akash had gone out for a walk and her mother-in-law had gone to bathroom. At that time, the present applicants alongwith other male and female relatives of Deepak came to the informant's house. They started abusing and assaulting her. It is the allegation in the FIR that applicant No.1 tried to strangulate the first informant with her saree. Applicant No.3 had allegedly forcibly administered poisonous substance by pouring it in informant's mouth. In the meantime, the husband and mother-in-law of the informant came there and rescued her. The first informant was removed to Civil Hospital, Solapur where she was treated. On these allegations, the FIR is lodged. As mentioned earlier, the accused were arrested on 26/5/2019. 5.
The role against the present applicant No.1 is that she has tried to strangulate the first informant with her saree. I have perused the medical certificate produced before me by the Ld. APP. There is no such corresponding injury. The accused No.2, though, had accompanied the other accused, no specific role is
4 / 4 attributed to her. Therefore, at this stage, there is no impediment in granting bail to these two accused. Hence, the following order.
ORDER
1.
The application for applicant No.3 Rupali Anil Gaikwad is disposed of with liberty to her to approach the appropriate Court in District Sangli after filing of the chargesheet.
2.
Applicant Nos.1 & 2 are directed to be released on bail in connection with C. R. No.268/2019 registered with Jodbhavi Peth Police Station, Solapur on their executing P. R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties each in the like amount.
3.
The applicants shall not in any manner try to contact or pressurize the first informant.
4.
The application is disposed of in the aforesaid terms.
(SARANG V. KOTWAL, J.)