Bhaskar S/O Sakharam Mantode And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.16 OF 2016 1.

Bhaskar s/o Sakharam Mantode, Age 76 years, Occu. Nil 2.

Shantabai w/o Bhaskar Mantode, Age 70 years, Occu. Nil 3.

Anita w/o Amol Mantonde, Age 32 years, Occu. Household All r/o Bhairoba Vasti, Sibalapur, Taluka Sangamner, District Ahmednagar ..Applicants

Versus

.

The State of Maharashtra, through the Police Station, Ashwi Police Station, Taluka Sangamner, District Ahmednagar ..Respondent - WITH - CRIMINAL APPLICATION NO.17 OF 2016 Amol s/o Bhaskar Mantonde, Age 36 years, Occu. Agri., Bhairoba Vasti, Sibalapur, Taluka Sangamner, District Ahmednagar ..Applicant

Versus

The State of Maharashtra, through the Police Station, Ashwi Police Station, Taluka Sangamner, District Ahmednagar ..Respondent Mr K.N. Shermale, Advocate for applicants Mr S.J. Salgare, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 20th January 2016

PER COURT Heard.

2.

The application for grant of regular bail on behalf of applicant Bhaskar Sakharam Mantonde and Amol Bhaskar Mantonde are not pressed with liberty to move fresh applications after filing of chargesheet. As such, Criminal Application No.16 of 2016 to the extent of applicant No.1 Bhaskar and Criminal Application No.17 of 2016 filed by Amol stand disposed of as not pressed with liberty, as prayed for. 3.

So far as the claim of applicant No.2 and 3 i.e. Shantabai and Anita in Criminal Application No.16 of 2016 is concerned, the applicants are seeking regular bail in Crime No.I-75/2015 registered on 9th December 2015 for the offences punishable under Sections 302, 504 and 506 read with sec.34 of Indian Penal Code. 4.

The prosecution case is, in view of the dispute about boundaries, the applicants assaulted deceased Subhash on 6th December 2015 resulting into his death on 9th December 2015. 5.

Perusal of the F.I.R. and other investigation papers does not depict any specific role to the applicants No.2 and 3, except the statement of assault by fists blows, there is nothing on record which could be attributed to the applicants No.2 and 3 of commission of crime in question, particularly under Section 302 of the Indian Penal Code.

6.

Both applicants No.2 and 3 are ladies, particularly applicant No.2 is of 70 years age. As such, their further detention will be hardly of any necessity. As such, they are entitled to be released on bail. Hence, I pass following order.

7.

The applicant No.2 - Shantabai Bhaskar Mantonde and applicant No.3 - Anita Amol Mantonde in Crime No..I-75/2015 registered on 9th December 2015 for the offences punishable under Sections 302, 504 and 506 read with sec.34 of Indian Penal Code, be released on bail, upon furnishing P.R. Bond of Rs.10,000/- with one surety in the like amount, by each of them.

8.

Criminal Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr