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Bombay High CourtAPPLN/1468/2017disposed off

Radha W/O. Narayan Zute v. The State Of Maharashtra

2017-04-05Hon'Ble Shri Justice T.V. Nalawade2 pages

Cri.Appln. No. 1468/17

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1468 OF 2017 Sow. Radha w/o. Narayan Zute ....Applicant.

Versus

The State of Maharashtra ....Respondent.

Mr. R.M. Deshmukh, Advocate for applicant.

Mr. A.R. Borulkar, APP for respondent/State.

CORAM : T.V. NALAWADE, J.

DATED : April 5, 2017.

ORDER :

1.

The application is filed for bail. Both the sides are heard. A statement was made by the learned counsel for applicant that this is the first application filed for bail in this Court.

2.

The crime is registered on the basis of report given by Narayan, husband of the present applicant. Father of Narayan namely Trimbak was murdered in the field of one Vishwanath. Initially Narayan had given report against two persons with whom they had enmity that they had probably committed murder of his father Trimbak. During investigation, it transpired that Narayan and his wife, present applicant had committed the murder of Trimbak by strangulation. Name of the present applicant was given during interrogation by Narayan and motive

Cri.Appln. No. 1468/17 was also given that the deceased was forcing the present applicant to have relations with him.

3.

This Court has carefully gone through the material collected as against the present applicant. Panchanama of seizure of her Sari shows that faint blood like stain was found on the Sari. It needs to be kept in mind that she is a lady, aged about 27 years and she is married woman. C.A. report is not yet received. It appears that one Shaikh has seen the present applicant with other ladies in the field which was under cultivation of family of the deceased and Narayan. Thus, at present, it can be said that it is not possible to keep the applicant behind bars till the disposal of the case filed against her. In view of the nature of allegations made against the present applicant and aforesaid circumstances, this Court holds that the applicant deserves bail.

4.

In the result, the application is allowed. The applicant is to be released on bail on her furnishing PR and SB of Rs.15,000/- (Rupees Fifteen thousand). She is not to tamper with the prosecution witnesses. She is not to commit similar offence. [ T.V. NALAWADE, J. ] ssc/