Raichand S/O Deorao Khomane And ORS v. The State Of Maharashtra

G.A.Ghule [P.A.] 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 2070 OF 2015.

RAICHAND S/O DEORAO KHOMANE & OTHERS.

VERSUS

THE STATE OF MAHARASHTRA.

Appearance => Mr. Rupesh Jaiswal, Advocate h/for Mr. Nilesh S. Ghanekar, Advocate for the Applicants.

Mr. A.S. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

30th April, 2015.

Per Court :- Present Criminal Application is filed by the Applicants for grant of regular bail, in connection with CR No. I 58/2014 registered with Police Station, Maujpuri, District - Jalna for the offences punishable under Section.s. 302, 498(A), 323, 504 read with 34 of the Indian Penal Code and under Section/s 3 and 4 of the Dowry Prohibition Act.

[2] Mr. A.S. Shinde, learned Additional Public Prosecutor placed on record certified copy of written dying declaration of deceased Archana, recorded by the Special Executive Magistrate.

2/3 [3] Mr. Rupesh Jaiswal, learned counsel at the outset states that, he does not wish to press application for Applicant No.2 - Vitthal and Applicant No.3 - Ramkisan.

In that view of the matter, present Criminal Application is dismissed as withdrawn against Applicant No.2 - Vitthal Raichand Khomane and Applicant No.3 - Ramkisan Raichand Khomane. [4] In the present case, charge-sheet is already filed. Case of the prosecution is rests on two written dying declarations of deceased Archana. Applicant No.1 - Raichand Khomane is the father-in-law of deceased. In the dying declaration recorded by the Police, she has specifically attributed the role against the present Applicant No.1 - Raichand that she was caught hold by the present Applicant No.1 - Raichand. However, in the dying declaration, which was recorded by the Special Executive Magistrate, no such role is ascribed to Applicant No.1 - Raichand Khomane.

[5] In that view of the matter, Application filed by Applicant No.1 - Raichand Khomane can be considered favourably in view of the fact that case of the prosecution is based on dying declarations and charge-sheet is already filed. Hence, I pass the following order :-

ORDER

(i) Criminal Application is partly allowed.

(ii) Criminal Application filed by Applicant No.2 - Vitthal Raichand Khomane and Applicant No.3 - Ramkisan Raichand Khomane is dismissed as withdrawn.

3/3 (iii) Criminal Application filed on behalf of Applicant No.1 - Raichand Khomane is allowed.

(iv) Applicant No.1 - Raichand Khomane shall be released on regular bail on he executing P.R. Bond of Rs. 10,000/- [Rs. Ten Thousand.] with one solvent surety in the like amount, in connection with CR No. I 58/2014 registered with Police Station, Maujpuri, District - Jalna for the offences punishable under Section.s. 302, 498(A), 323, 504 read with 34 of of the Indian Penal Code and under Section/s 3 and 4 of the Dowry Prohibition Act. (v) Bail before trial court.

(vi) Criminal Application is partly allowed and same is disposed of accordingly.

(V.M. DESHPANDE, J.)