Godavari W/O Keshav Dhumal v. The State Of Maharashtra And Another

2024:BHC-AUG:17423

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

952 ANTICIPATORY BAIL APPLICATION NO. 601 OF 2024 GODAVARI W/O KESHAV DHUMAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Panditrao S. Anerao. APP for Respondent/State : Mr. P. P. Dawalkar. Advocate for assist to PP : Mr. Arvind Gangadhar Jadhav. ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

07th August, 2024.

P.C.:

.

The applicant apprehends arrest in Crime No.11 of 2024, registered with Limbgaon Police Station, District Nanded, for the offences punishable under Sections 307, 294 and 506 read with 34 of Indian Penal Code.

It is prosecution's case that on 21st January, 2024 at around 06:00 pm, when the informant was sitting in front of his house, at that time, the applicant and her son i.e. co-accused came there. It is alleged that on account of old dispute, the applicant caught hold the hands of the informant and accused No.1 gave four blows of Khanjar on the back of informant with intention to kill him. It is the contention of the learned counsel for applicant that

the applicant has been falsely implicated in this case. Due to old dispute between the informant and the applicant's family. Accused No.1 has been arrested by the police and has been released on regular bail by the Trial Court. The learned counsel further submitted that the applicant is old aged lady. Considering the allegations against the applicant, her custodial interrogation is not required. Hence, he requested to allow the application.

It is the contention of the learned APP alongwith the learned counsel for assisting the prosecution that the applicant alongwith accused No.1 had tried to kill the informant. The applicant had caught hold the hands of informant, whereas accused No.1 gave blows of Khanjar on the back of informant with intention to kill him. It shows the involvement of the applicant in the crime. Her custodial interrogation is required. Hence, they requested to reject the application.

I have heard all the learned counsel. Perused the FIR and the police papers produced on record. The allegations against the applicant are that she caught hold the hands of informant and accused No.1 assaulted him with Khanjar on his back. Accused No.1 is arrested and has been released on regular bail. The weapon used in the crime is recovered. Investigation is completed and charge-sheet

has been filed against the applicant and co-accused. Considering these facts, the custodial interrogation of the applicant is not required. Hence, I pass the following order:-

O R D E R

I.

The application is allowed.

II.

In the event of arrest of applicants in Crime No.11 of 2024, registered with Limbgaon Police Station, District Nanded, for the offences punishable under Sections 307, 294 and 506 read with 34 of Indian Penal Code, she be released on executing personal bond of Rs.15,000/- with one surety in the like amount, on the following conditions:- a) The applicant shall attend the concerned police station as and when required and shall co-operate in the investigation.

[ SHIVKUMAR DIGE, J. ] nga