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Bombay High CourtBA/154/2023application allowed

Laxman Baburao Yeole And Another v. The State Of Maharashtra And Another

2023-02-20Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 BAIL APPLICATION NO.154 OF 2023

1. LAXMAN BABURAO YEOLE

2. VAISHALI SATISH YEOLE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Naik Thigle Girish K., Mr. Lokhande Ashish Babasaheb.

APP for Respondents-State : Mr. S. P. Sonpawale. ...

CORAM : S. G. MEHARE, J.

DATE : 20.02.2023 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned APP for the respondents-State.

2.

An unfortunate incident of suicide by a wife happened after 15 years, when she saw her husband and sister-in-law (brother-in-law's wife) in compromising condition. After noticing the incident on the next day, she found lying dead in the field. The police did not find any incriminating evidence on the spot of the incident that may cause her death. The police find footwear of the deceased and one muffler of unknown person lying there. The Post Mortem report reveals a single nail scratch injury on the neck which was allegedly

caused a day before the incident. The cause of death is due to poison. The report has been lodged after six days from the incident. It was a solitary incident of noticing both applicants in a compromising condition. The said incident was noticed on 09.12.2022 and she consumed poison two days thereafter. Whether it was a case of abetment to commit suicide is a matter of trial. Nothing is to be recovered from the applicants. The material investigation has also been completed. Therefore, they deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant No.1. LAXMAN BABURAO YEOLE and

2. VAISHALI SATISH YEOLE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount each, in Crime No.600 of 2022, registered by Police Station Georai, District Beed, for the offences punishable under Sections 306, 323, 504, 506 read with Section 34 of the IPC, on the following conditions :

(a) The applicants shall not tamper with the prosecution witnesses.

(b) The applicants shall not tamper with the evidence particularly of children.

(c) They shall attend the Police Station as and when called by the Investigating Officer on written notice till filing of the charge sheet. (S. G. MEHARE, J.) ...

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