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Bombay High CourtBA/183/2023application allowed

Ramesh Namdeo Chavan v. The State Of Maharashtra

2023-03-28Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.183 OF 2023 RAMESH NAMDEO CHAVAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. R. Bagal APP for Respondent : Mr. S. P. Deshmukh .....

CORAM : S. G. MEHARE, J.

DATE : 28.03.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant is the husband of the injured who assaulted her with razor on throat. She sustained grievous injury. The frst information report reveals that husband and wife had no cordial relations. The husband was beating her when she used to be with him. Hence, she was residing with her parents. He was going to her parents home and asking her to join his company but the wife was denying. The frst information report further reveals that the incident happened in the ft of anger when the injured denied to accompany

him. Therefore, whether it was an intentional act is a matter of evidence during the trial. The husband and wife are not residing together nor in the same village. In the peculiar facts and circumstances, it would be inappropriate to keep the applicant behind bar. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) Applicant Ramesh Namdeo Chavn be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.433/2022 registered with Police Station Selu, Dist. Parbhani for the ofences punishable under Sections 307 and 506 of the Indian Penal Code, on the following conditions :- (a) The applicant shall not contact the victim or any of her relatives till the conclusion of the trial. (b) The applicant shall not enter the village where the victim is residing with her children till the conclusion of the trial.

( S. G. MEHARE ) JUDGE

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