Xyz-Informant v. The State Of Maharashtra And Others

971-ACB.8-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.8 OF 2022 XYZ - Informant ... Applicant.

Versus

1.

The State of Maharashtra, through P.S.O., Jalna Taluka Police Station, Jalna, Dist. Jalna, 2.

Gopal Krushnarao Waghmare, Age 36 years, Occu. Private Service, 3.

Santosh Prakashrao Dhage, Age 41 years, Occu. Business.

4.

Meera Krushna Waghmare, Age 65 years, Occu. Household, 5.

Manisha Santosh Dhage, Age 36 years, Occu. Household, R.Nos.2 to 5 R/o. Prashanti Nagar, Shindakhed Raja Road, Jalna.

6.

Rajeshree Nirmal Agrawal, Age 53 years, Occu. Medical Practitioner, R/o Jalna, District Jalna.

... Respondents.

...

Advocate for Applicant : Mr. Pathan Sartaj Khan H. APP for Respondent-State : Mr. K. S. Patil.

Advocate for Respondent Nos.2 to 5 : Mr. Kakde S. B. Advocate for Respondent No.6 : Mr. Salunke Pradeep B. ...

CORAM : S. G. MEHARE, J.

DATE : 06.01.2023

971-ACB.8-22.odt ORAL JUDGMENT :- 1.

Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2.

A detail order has been passed by the learned Additional Sessions Judge-2, Jalna regarding granting the bail. The applicant is the wife of respondent No.2. The order granting bail does not reveal that the learned Sessions Judge did not consider the material placed before it. On the contrary, it seems a detail order discussing each type of allegation. The inordinate delay of two years in lodging the FIR has also been correctly condoned. The order granting bail is neither arbitrary nor perverse. The applicant has no material to show that there were overwhelming circumstances to cancel the bail. None of the legal ground for cancellation of bail is in favour of the applicant. However, it seems that the husband and wife have strained relations. There were no complaints of the breach of the conditions of the bail. For the above reasons, the application stands dismissed.

3.

Rule made discharged. No order as to costs.

(S. G. MEHARE, J.) ...

vmk/-