Nita Sharad Dabhane v. State Of Maharashtra

2023:BHC-AS:29578

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2908 OF 2023 NITA SHARAD DABHANE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Nitin Sejpal a/w Adv. Sakshi Jha for the Applicant. Mr. N. B. Patil, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 07, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 341, 504, 506 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 10.07.2023 vide FIR No.I-183 of 2023 with Karjat Police Station.

3.

There are in all two accused. The applicant is the accused No.2. The applicant No.1 is the son of the present applicant. There are some property disputes between the injured witness and the accused. On the day of the incident 1/3

i.e. 10.07.2023, the applicant caught hold of the injured witness. The accused No.1 stabbed the injured witness from back side.

4.

Learned APP opposed the application for bail. 5.

The applicant is a woman. The applicant is 52 years of age. The applicant was arrested on 10.07.2023. The applicant is in custody for two months. The investigation is complete and the charge-sheet has been filed. There are no criminal antecedents reported against the applicant. In the facts and circumstances of the present case, considering the nature of accusations against the applicant and her role, the applicant can be enlarged on bail. Further custody of the applicant is not necessary. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Nita Sharad Dabhane in connection with FIR No.I-183 of 2023 registered with Karjat Police Station shall be released on bail on her furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

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(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(f) The applicant shall attend trial regularly.

(g) The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3