Mankarnabai W/O. Kantrao Landge And ANR. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1924 OF 2016 1.

Mankarnabai w/o Kantrao Landge, Age : 62 years, Occu. Agri.

2.

Suresh s/o Kantrao Landge, Age : 34 years, Occu. Agri.

Both r/o Mazod, Tq. Sengaon, District Hingoli APPLICANTS

VERSUS

The State of Maharashtra, through Goregaon Police Station, Tq. Sengaon, District Hingoli RESPONDENT ---- Mr. S.K. Chavan, Advocate for the applicants Mr. U.S. Mote, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 20/04/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicants who are apprehending their arrest at the hands of Goregaon Police Station, District Hingoli in Crime No. 24/2016, registered for the offences punishable under section 307, 326, 323, 504 and 506 read with section 34 of the Indian Penal Code,

are praying for their release on bail in the event of their arrest.

3.

The submissions from both sides as well as the investigation carried by the investigating officer would show that in the incident dated 18th February, 2016, while one Gopal under the influence of liquor had assaulted the victim of the offence with a stick on her hand, leg and the ribs, applicant No. 1 Mankarnabai had caught hold hair of the victim and applicant No. 2 Suresh had abused the victim.

4.

It is an admitted fact that initially the crime was registered for the offence punishable under section 326 of the Indian Penal Code. Lateron, upon receipt of injury certificate, the offence punishable under section 307 of the Indian Penal Code is added. 5.

Upon hearing both sides and the alleged role played by the present applicants and further finding that applicant No. 1 Mankarnabai is an old aged woman, the custodial interrogation of the present applicants is not required. In the circumstances, the following order:-

6.

The interim protection granted by this Court to the present two applicants vide order dated 1st April, 2016 is hereby made absolute on the same terms and conditions.

7.

The application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln1924-2016