Rajeshri Machindra Gadekar v. The State Of Maharashtra

Mhi 1 BA-2742-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAILAPPLICATION NO. 2742 OF 2014 Smt. Rajeshri Machindra Gadekar ...

Applicant vs.

The State of Maharashtra ...

Respondents Mr.Ganesh Gole a/w Mr. Vidnyan Daware ,Advocate for the applicant Mr.S.S.Pednekar, APP, for the respondent-State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 23rd January, 2015.

P.C.

The applicant herein has surrendered before the Magistrate on 20.12.2014 as she happens to be an accused in Crime No.42 of 2014 registered at Devachi Aalandi Police Station, Pune for the offences punishable under Sections 302, 234 read with Section 34 of IPC. The investigation is completed and chargesheet is filed. 2.

The learned APP has placed on record a report submitted by the the Police Sub-Inspector, Aalandi Police Station. It is specifically stated that in the present case, that there is no direct evidence against the present applicant. In the past, there were complaints filed against each other by the present applicant and the deceased and, therefore, the investigating officer has not arrived at a definite

Mhi 2 BA-2742-14.sxw conclusion as to whether the applicant is directly involved in the present case. Be that as it may, the learned counsel for the applicant rightly submits that by virtue of the proviso to Section 437 of Cr.P.C., the applicant being a woman who is aged about 36 years, would be entitled for grant of bail as the investigation is completed and charge-sheet is filed. Hence, the applicant has made out a prima facie case for grant of bail.

O R D E R

The application is allowed. The applicant be released on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount.

Application stands disposed of.

(SMT.SADHANA S.JADHAV, J.)