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Bombay High CourtABA/1391/2018anticipatory bail granted

Hina Khanna v. The State Of Maharashtra

2018-11-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 Yadav 912.aba.1391.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1391 OF 2018 Heena Khanna ...

Applicant

Versus

State of Maharashtra ...

Respondent Mr. F. Sayyed I/by Manilal Kher Ambalal & Co. for Applicant. Mr. S. R. Agarkar, APP for Respondent - State. Mr. V. B. Sawant, PSI, Meghwadi Police Station. CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 21, 2018.

P. C. :

.

It is not in dispute that the husband of the present Applicant is co-accused who is already released on regular bail. 2.

The role attributed to the present Applicant in the crime in question if ascertained from the charge-sheet, is that of scolding the deceased. There is no other material on record to connect the Applicant to the crime in question so as to draw an inference of her active role in the commission of crime.

2/2 Yadav 912.aba.1391.18 3.

In my opinion, in the backdrop of the evidence that is brought on record in the form of chargesheet, custodial interrogation of the present Applicant particularly looking to the nature of allegations made is unwarranted. Hence, the following order.

ORDER

(A) In the event of arrest in Crime No. 185 of 2018 for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code, the Applicant be released on furnishing PR bond of Rs. 25000/- with one surety in the like amount.

(B) The Applicant shall attend the Investigating Officer as and when directed for a period of four weeks.

(C) The Applicant shall not tamper the evidence of prosecution or influence the witnesses.

(D) Ad-interim protection ordered by this Court is confirmed. 4.

Anticipatory Bail Application stands allowed in above terms. (NITIN W. SAMBRE, J.)