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Bombay High CourtBA/3016/2018bail rejected

Ruabali Gulabali Sheikh v. The State Of Maharashtra

2018-12-20Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

1/3 BA-3016-2018 (sr. 45)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3016 OF 2018 Ruabali Gulabali Sheikh ...Applicant V/s.

State of Maharashtra ....Respondent ***** None for the applicants.

Mr. A.D. Khamkhedkar, APP for the respondent-State. Coram : Sandeep K. Shinde, J.

Thursday, 20 th December, 2018.

P.C. :

1.

This is an application under Section 439 of the Criminal Procedure Code, 1973. On 19th November, 2018 when the matter was called out for hearing, none appeared for the applicant. Today, also none appears for the applicant. With the assistance of the learned APP, the application is taken up for hearing. In this case, the chargesheet has been filed. The incident is dated 2nd

2/3 BA-3016-2018 (sr. 45) November, 2017. An offence was registered against the applicant who is the husband of the complainant under Sections 326(A), 307, 498A read with Section 34 Indian Penal Code and Section 4 of the Dowry Prohibition Act. 2.

Perused the chargesheet. The prosecution's case is that, the accused who is the husband of the complainant was suspicious about the character of the complainant and thus on 2nd November, 2017 at 5.30 a.m. the applicant threw acid on her face and caused serious injuries to her. She was removed to the Hospital and there is sufficient evidence to indicate that she had sustained acid injuries. The statement of minor was also recorded which is at page-70 of the petition who happens to be the daughter of the complainant. She had stated that her father threw acid on the face of the mother. There are statements of the eye witnesses supporting the version of the complainant.

3.

Since there is sufficient evidence against the

3/3 BA-3016-2018 (sr. 45) applicant, I am not inclined to grant this application. The application is rejected.

(SANDEEP K. SHINDE, J)