Sunita W/O. Vijay Bhosale v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 BAIL APPLICATION NO.214 OF 2022 SUNITA W/O. VIJAY BHOSALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ingle Kachru A.

APP for Respondents/State : Mr. V.S. Badakh ...

CORAM : M.G. SEWLIKAR, J.

DATE : 1st March, 2022 P.C.:- By this application, applicant is seeking her enlargement on bail under Section 439 of the Cr.P.C. in connection with Crime No.308/2020 under Section 395, 420, 397 of the I.P.C.

2.

Prosecution case in brief is that informant is a Medical Practitioner. Applicant is the patient of the informant. Applicant had called up the informant and represented her that the applicant had found gold in her field and whether the informant would like to purchase it. The informant agreed to do so. Thereafter, on 24th December, 2020, the informant, her husband, her uncle and others went to the place mentioned by the applicant. When the informant and others reached Selu, applicant and others were already there. The informant opened her purse and showed them the amount

( 2 ) she had brought. Applicant and other accused assaulted the informant and others and robbed them of Rs.8,21,000/- including two mobile handsets of Oppo company.

3.

Heard Shri Ingle learned counsel for the applicant and Shri Badakh learned APP for the State.

4.

Learned counsel Shri Ingle submits that applicant is behind the bars since 27th December, 2020. He submits that she is behind the bars for more than a year. She has no criminal antecedents and is not likely to flee from justice.

5.

Learned APP submits that an amount of Rs.2,40,000/- has been recovered from the applicant and she should not be released on bail. 6.

Charge-sheet has been filed. Applicant is behind the bars for more than a year. There is nothing on record to show that applicant will not be available for trial. Offence is not punishable with death or imprisonment for life. In view of this, I am inclined to release the applicant on bail. Hence the following order is passed:

ORDER

I) Application is allowed.

II) Applicant be released on PR bond of Rs.60,000/- with one solvent surety in the like amount, in connection with Crime No.308 of

( 3 ) 2020 under Section 395, 420, 397 of the I.P.C. registered with Selu Police Station, District Parbhani on condition that she will not leave the limits of Police Station Selu without the permission of the concerned Court.

[M.G. SEWLIKAR, J.] mub