Laxman S/O Dattatraya Chepurwar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 1661 OF 2016 LAXMAN S/O DATTATRAYA CHEPURWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Nilesh S. Ghanekar. APP for Respondent : Mr. A. R. Borulkar.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

29th April, 2016.

P.C.:

.

Here is an application for regular bail in Crime No.85 of 2014 registered at Balapur Police Station, Taluka Kalamnuri, District Hingoli for the offences punishable under Sections 302 and 498-A read with 34 of the Indian Penal Code.

Heard the learned counsel for parties. Perused chargesheet and papers annexed thereto. It is the case of prosecution that Puja was married to Applicant in May, 2014. She was being ill-treated by Applicant and his family members on demand of money. It is alleged that Applicant was addicted to liquor and to satisfy his vice he sold away the gift articles and ornaments given to Puja in marriage. On 30th September, 2014 at

about 10:00 a.m. Puja was cooking food. That time two brothers of Applicant caught hold Puja, Applicant poured kerosene on her person and set her on fire. She was admitted to hospital. Her statement was recorded by Executive Magistrate. She sustained 41% burns and succumbed to injuries on 6th October, 2014. On 8th October, 2014 her father lodged report on the basis of which above said crime came to be registered against the Applicant and his family members. Applicant was arrested on 9th October, 2014 and since then he is in custody. Learned counsel for Applicant submits that charge is not yet framed. Needless to state that speedy trial is the right of Accused. Considering the period of custody of Applicant and without going into merits of case this Court is inclined to release Applicant on bail. Hence the following order -

O R D E R

I.

Criminal Application No.1661 of 2016 is allowed. II.

Applicant is released on bail in Crime No.85 of 2014 registered at Balapur Police Station, Taluka Kalamnuri, District Hingoli for the offences punishable under Sections 302 and 498-A read

with 34 of the Indian Penal Code on P.R. and S.B. of Rs.20,000/- (Rupees Twenty Thousand Only) each.

III.

Applicant shall not tamper with the prosecution evidence and shall make himself available as and when required for investigation.

IV.

Bail before the Trial Court.

[ INDIRA K. JAIN, J. ] ndm